
    The Commonwealth v. Aaron Gourd, Junior.
    Criminal Proceedings — Discontinuance. — The adjournment of a Court, without awarding- any process, on an Indictment found by the Grand Jury, is no discontinuance of the Prosecution.
    The Defendant was indicted at the Superior Court of Daw held for Grayson county, on the 17th May, 1824, for an assault and battery, and a Summons was issued, returnable to the next Term. The Summons was executed. At the next Term, which was held on the 18th October, 1824, the Defendant did not appear, nor was any order made by the Court, directing the process of Venire Facias, Capias, or any other, to be issued, and none was issued. None of the Causes on the Docket were called for trial at that Term, except a Case of felony, which was tried. All the other Causes on the Docket, including this, were, by a General Order, continued to the next Term. At the next Term, in May, 182S, the Defendant appeared, and, by his Attorney, moved the Court to strike this Cause from the Docket, on the ground of discontinuance; whereupon, the Court adjourned to the General Court this question: ‘'Has a discontinuance occurred, under the facts above stated, or not?”
    
      
       See, citing principal case, foot-note to Hilly. Com., 2 Va. Cas. 61; Harrison v. Com., 81 Va. 494.
    
   Per Curiam.

“Under the facts stated by the Superior Court of Daw for Grayson county, this Court doth unanimously decide, that no discontinuance has occurred of the prosecution therein set forth.” Which is ordered to be certified.

See Pitman Hill’s and Varner’s Cases; ante, p. 61, 62.  