
    *Marshall v. The Commonwealth.
    March Term, 1871,
    Richmond.
    1. Indictment in County .Court — Jurisdiction of Corporation Court. — An indictment for a felony was foúnd, in July, 1870, against M. in the County court of Alexandria, and it was removed to the Corporation court of Alexandria. The Corporation court has no jurisdiction to try it.
    2, Same. — Though M. must he discharged from trial on this indictment, he may he again indicted and tried for the same offence.
    In July, 1870, John Marshall was indicted in the County court of Alexandria for an assault, with intent to kill Andrew Rowles. At the August term, 1870, of the court, the case was removed to the Corporation court of the city of Alexandria. In that court the case was continued from time to time, for the defendant, until January, 1871, when he was arraigned, and pleaded a special plea to the jurisdiction ; which was disallowed; and he then pleaded the general issue. Upon the trial the jury found the defendant guilty of unlawfully, but not maliciously, wounding with intent to disable, and fixed the term of his imprisonment in the county jail at six months, and assessed his fine at fifty dollars. The defendant then moved in arrest of judgment; but the court overruled the motion, and sentenced him in accordance with the verdict. Whereupon he applied to this court for a writ of error to the j udgment; which was awarded.
    Several questions were raised by the defendant on the trial; but this court only considered the question of jurisdiction.
    
      *Iyawrence B. Taylor, for the appellant.
    The Attorney-General, for the Commonwealth.
    
      
      See monographic note on “Indictments.”
    
   MONCUR.E), P.,

delivered the opinion of the court.

The court is of opinion, that as, by the fourth section of chapter 38, of the act approved April 2, 1870, entitled '‘An act to prescribe and define the jurisdiction of the county and corporation courts of the Commonwealth, and the times and places of holding' the same” (Acts of Assembly 1869-’70, pp. 35, 36), the County courts “have exclusive original jurisdiction for the trial of all presentments, informations and indictments, for offences committed within their respective counties, ” except as therein mentioned; and as, by the seventh section of the same act, the several Corporation courts of this State, “within their respective limits, have the same jurisdiction as the Circuit courts, and the same jurisdiction as County courts, over all offences committed within their limits;” the Corporation court of the city of Alexandria had no jurisdiction to try the indictment upon which the said judgment was rendered; the ■said indictment having been found in the County court of the county of Alexandria, and removed from thence, without any warrant of law, to the said Corporation court. And the court is therefore of opinion (without deciding any other question in the case) that the said Corporation court erred in not arresting the said judgment for the reason aforesaid.

Wherefore, it is considered by the court, that the said judgment be reversed and annulled. And this court, proceeding to give such judgment as the said Corporation court ought to have rendered, it is further considered by the court that the said judgment be arrested, and that the said plaintiff go quit of the same, and be discharged from execution thereon. But nothing herein contained shall have the effect of preventing *or barring any new prosecution against him except upon the indictment aforesaid.

Which is ordered to be forthwith certified to the sáid Corporation court.

Judgment reversed.  