
    *Commonwealth v. Young.
    December, 1838.
    Criminal Law — Case Adjourned — What Record Must Show. — The record of a case adjourned by a circuit court to the general court must show that such adjournment was with the consent of the accused.
    Upon an indictment against Young in the circuit superiour court of law and chancery for Dinwiddie county, that court adjourned to the general court, for novelty and difficulty, two questions arising in the cause; but the record did not state that the questions were adjourned with the consent of the defendant.
   SMITH, J.,

delivered the resolution of the general court. — The court is unanimously of opinion that it has no jurisdiction to decide the questions adjourned to it, because it does not appear by the record that the adjournment was with the consent of the defendant. See Garth’s case, 3 Leigh 761.  