
    Leroy Vandewall, alias Peters v. The Commonwealth.
    Month — ¡leaning.
    
    This was an application for a Writ of Error to a judgment of the Superior Court of Hen-rico. There was only one error assigned. The petitioner had been indicted, .and found guilty of uhlawful shooting, and the jury ascertained the term of his imprisonment in the Penitentiary-house to be twelve months. It was alleged, that as the Act of Assembly prescribed the imprisonment for a term “not less than one year, nor more than seven years,” (and as the Law, when it uses the term year, signifies a period of 36S days, or 12 Calendar months, and that whenever the term month is used, it means a Lunar month of 28 days, unless expressly stated to be a Calendar month,) the judgment was not pursuant to the Act of Assembly, and therefore was erroneous.
    
      
      See foot-note to Brewer v. Harris, 5 Gratt. 285.
    
   Per Curiam.

The motion for a Writ of Error was overruled.  