
    Commonwealth v. Carney.
    (Absent Clopton and Wilson, J’s.)
    1847. December Term.
    
    An indictment is defective, for omitting the conclusion, “against the peace and dignity of the Commonwealth.”
    At the April term 1847 of the Circuit Court of Jackson county, the grand jury found an indictment against Roach Carney for a misdemeanor.
    The first count in the indictment was for assaulting and beating James Hartman; and it concluded, “and other wrongs and injuries to him the said James Hartman then and there did to the great damage of him the said James Hartman.”
    
    The second count was that he “ without lawful authority, but not feloniously,” took and carried away certain personal property of one James Hartman; and it concluded against the form of the act of the General Assembly of Virginia, in such cases made and provided, and against the peace and dignity of the Commonwealth.
    The defendant appeared by counsel and moved the Court to quash the several counts in the indictment; and the Court, with the assent of the parties, adjourned the question arising on the first count for the want of the constitutional conclusion “against the peace and dignity of the Commonwealth,” to this Court.
   By the Couet.

This Court is of opinion and doth decide that the first count in the indictment in this case ought to be quashed, because the constitutional conclusion “ against the peace and dignity of the Commonwealth,” is not added to the said count. Which is ordered to be certified.  