STATE JUDICIAL SYSTEM

The judicial system of the State of Virginia consists of the supreme court of appeals and the special court of appeals, both of which are appellate only.

CIRCUIT COURTS

There are 34 circuit courts, located in different counties and cities of the State, and they are vested with jurisdiction of felony cases where the grand jury has returned indictments against the defendants. The city circuit courts only have criminal jurisdiction of crimes committed in the penitentiary.

CORPORATION OR HUSTINGS COURTS

There are 19 corporation (sometimes called hustings) courts located in cities throughout the State, at Alexandria, Bristol, Buena Vista, Charlottesville, Danville, Fredericksburg, Hopewell, Lynchburg, Newport News, Norfolk (2), Petersburg, Portsmouth, Radford, Richmond (2), Roanoke, Staunton, and Winchester.

These corporation and hustings courts have criminal jurisdiction of crimes, including violations of the liquor and prohibition laws, both felonies and misdemeanors in their respective cities, or an appeal from the city police courts. In cases of appeals, where the plea of guilty is made, the court imposes the sentences, either sustaining or modifying the sentence. In other cases jury trial is had, and the jury fixes the sentence or punishment.

CITY COURTS OTHER THAN CORPORATION OR HUSTING

Law and chancery courts.-These courts are located at Norfolk, in the eastern district, and at Roanoke, in the western district. Chancery court.-This court sits at Richmond.

Law and equity court.-This court is held (two parts) in Rich

mond.

Civil justices.-These courts are held at Norfolk and Richmond. There are 3 judges-2 in Richmond and 1 in Norfolk.

Police courts.-The police courts of the cities try and dispose of misdemeanors under the State laws, and send up to the hustings or corporation courts cases involving felonies for jury trials, except in cases where the court imposes the sentence, either sustaining or modifying the sentence of the police court.

Justices of peace.-The justices of the peace are located in cities and counties and have the usual criminal jurisdictions.

City juvenile court judges.-These judges sit at Alexandria, Bristol, and Buena Vista. This court has the usual jurisdiction in juvenile matters.

FEDERAL JUDICIAL SYSTEM

UNITED STATES CIRCUIT COURT OF APPEALS, FOURTH CIRCUIT

Sessions of this court are held at Richmond, Va., and Asheville, N. C., at stated times during the year. Circuit judges: Edmund

Waddill, Richmond, Va.; John J. Parker, Charlotte, N. C.; Elliott Northcott, Huntington, W. Va.

UNITED STATES DISTRICT COURTS

There are two United States district courts in the State of Virginia. The district court for the eastern district is held in Norfolk, Richmond, and Alexandria at stated times of the year; Dr. Lawrence Groner, judge, Norfolk, Va.

The District Court of the United States for the Western District of Virginia is held at Lynchburg, Roanoke, Danville, Big Stone Gap, Abingdon, and Harrisonburg, Va., at stated times of the year; Henry Clay McDowell, judge, Lynchburg, Va.

United States commissioners appointed by the United States district courts are located at Norfolk, Roanoke, and other points in the State.

These United States commissioners for their respective districts issue or decline to issue search warrants in the internal revenue laws and the national prohibition act upon application being made therefor by the prohibition agents. When the persons arrested are brought before him the commissioner either dismisses the case and releases the defendant, or binds the defendant over for the proper grand jury.

STATE LIQUOR OR PROHIBITION LAWS

1. By act approved March 9, 1916, the legislature passed an act to amend and reenact an act entitled "An act prohibiting the manufacture and sale of certain intoxicating liquors in certain counties of the Commonwealth," approved March 26, 1902.

The said act, approved March 9, 1916, provided as follows:

1. Be it enacted by the General Assembly of Virginia, That an act entitled "An act prohibiting the manufacture and sale of certain intoxicating liquors in certain counties of the Commonwealth," approved March 25, 1902, be amended and reenacted so as to read as follows:

No license shall be granted to any person or persons, club or corporation, to manufacture, rectify, or distill spirituous or malt liquors, or alcoholic liquors, other than wine; nor to sell nor offer for sale wine, ardent spirits, malt liquors, or any mixture thereof, alcoholic bitters, bitters containing alcohol, or fruits preserved in ardent spirits, either by wholesale or retail, or to be drunk at the place where sold, or in any other way within the counties of Tazewell, Giles, Buchanan, and Dickenson. Any person who shall manufacture, rectify, or distill, or sell or offer for sale any of the intoxicating liquors herein mentioned, within any of the counties herein named, shall be fined not less than $100 nor more than $1,000; and if the fine and costs be not paid, the accused shall be committed to jail until the sum be paid or until he shall be discharged by due process of law. Any person convicted under this act shall further be required to give bond, with security, for his good behavior for 12 months; and on failure to give such bond he shall be committed to jail until he gives said bond or is discharged by due process of law.

2. An emergency existing in view of the beginning of the license year this act shall be in force on and after May 1, 1916.

2. Chapter 146 of Acts of Assembly, 1916, approved March 10, 1916, enacted

An act to define ardent spirits and to prohibit the manufacture, use, sale, offering for sale, transportation for sale, keeping for sale, and giving away of ardent spirits as herein defined, except as provided herein; to prohibit ad

vertisement of such ardent spirits; to prescribe the jurisdiction for trials and appeals of cases arising under this act; to prescribe the force and effect of certain evidence and prosecutions for violation of this act; to create the office of commissioner of prohibition and to define his duties and powers and compensation; defining intoxication and who is a person of intemperate habits within the meaning of this act; prescribing certain rules of evidence in certain prosecutions under this act; exempting certain counties and cities from certain provisions of this act and authorizing additional restrictions and limitations beyond the provisions of this act as to sale, manufacture, or delivery of ardent spirits in certain counties and cities; to provide for the enforcement of this act and to prescribe penalties for the violation of this act; to appropriate out of the treasury of the State necessary moneys for the enforcement of this act; and to repeal all acts or parts of acts in conflict with this act.

On March 19, 1918, an act, known as the Mapp prohibition law, was approved, which repealed the above-mentioned act, approved March 10, 1916, and all other acts or parts of acts in conflict with the said act approved March 19, 1918, which latter act was amended by Acts of Assembly of 1919, 1920, and 1922, and is, as amended, known as the Mapp prohibition law, in effect June 18, 1922. It is entitled

An act to define ardent spirits and to prohibit the manufacture, use, sale, offering for sale, transportation, keeping for sale, and giving away of ardent spirits, or drugs, as herein defined, except as provided herein; declaring certain ardent spirits contraband, and prescribing procedure for search therefor and forfeiture thereof; to prohibit advertisement of such ardent spirits; to prescribe the jurisdiction for trials and appeals of cases arising under this act; to prescribe the force and effect of certain evidence and prosecutions for violation of this act; to create the office of commissioner of prohibition and to define his duties and powers and compensation; defining intoxication and who is a person of intemperate habits within the meaning of this act; prescribing a penalty for intoxication; prescribing certain rules of evidence in certain prosecutions under this act; defining soft drinks; providing how they may be sold; regulating the sale of toilet, antiseptic preparations, patent and proprietary medicines, and flavoring extracts; exempting certain counties and cities from certain provisions of this act and authorizing additional restrictions and limitations beyond the provisions of this act as to sale, manufacture, or delivery of ardent spirits in certain counties and cities; to provide for the enforcement of this act and to prescribe penalties for the violation of this act; to appropriate out of the treasury of the State necessary moneys for the enforcement of this act; and to repeal chapter 146 of Acts of Assembly, 1916, approved March 10, 1916, and all other acts or parts of acts in conflict with this act, approved March 19, 1918, as amended by Acts of Assembly of 1919, 1920, and 1922.

Under the said act of March 19, 1918, "ardent spirits," as used in the act, was defined and construed to embrace alcohol.

SECTION 1. Ardent spirits defined.-Be it enacted by the General Assembly of Virginia as follows: The words "ardent spirits" as used in this act shall be construed to embrace alcohol, brandy, whisky, rum, gin, wine, porter, ale, beer, all malt liquors, all malt beverages, absinthe, and all compounds or mixtures of any of them; all compounds or mixtures of any of them with any vegetable or other substance; alcoholic bitters, bitters containing alcohol; also all liquids, mixtures, or preparations, whether patented or otherwise, which will produce intoxication; fruits preserved in ardent spirits, and all beverages containing more than one-half of 1 per cent of alcohol by volume, except as herein provided. (Act 1918, ch. 388.)

The position of commissioner of prohibition was created and his office and agents provided for and duties defined and specified. There are 78 sections to this act, specifying the violations thereunder and the penalties therefor.

The Layman prohibition law, approved March 20, 1924, and, as amended, in effect June 17, 1928, repealed chapter 345 of Acts of

Assembly, 1922, approved March 23, 1922, and all other acts or parts of acts in conflict with this act.

Under the said Layman Act as amended, " ardent spirits," as used in said act, are defined or construed to—

Embrace alcohol, brandy, whisky, rum, gin, wine, porter, ale, beer, all malt liquors, all malt beverages, absinthe, and all compounds or mixtures or any of them; all compounds or mixtures of any of them with any vegetable or other substance; alcoholic bitters, bitters containing alcohol; also all liquids, mixtures, or preparations, whether patented or otherwise, which will produce intoxication, fruits preserved in ardent spirits, and all beverages containing more than one-half of 1 per cent of alcohol by volume, except as herein provided.

Section 2 of said act defined the word "person" as used in the act as well as the word "commissioner," and the word "commissioner" was construed to mean the attorney general.

Under section 3 the manufacture, transportation, sale, use, et cetera, of ardent spirits was restricted, but it was provided that nothing in said act should be construed as to prohibit any representative of any wholesale druggist or liquor manufacturer duly licensed under the laws of the United States to manufacture or sell ardent spirits from furnishing price lists with descriptions of the ardent spirits for sale, to druggists duly licensed and authorized under the provisions of this act to possess, keep, sell, or store for sale such ardent spirits: Provided, That before any such person may furnish such price lists of ardent spirits he shall first obtain from the attorney general a permit so to do and give a bond approved in the penal sum of $2,500.

Under section 5 any person who shall manufacture distilled spirits shall be guilty of a felony. Any person who shall violate any other provisions of sections 3 (and 4) of this act, and any person, except a common carrier, who shall act as the agent or employee of such manufacturer or such seller or person, in so keeping, storing, offering, or exposing for sale such ardent spirits, or act as the agent or employee of the purchaser in purchasing such ardent spirits, except as herein provided, shall be deemed guilty of a misdemeanor for the first offense, and of a felony for any subsequent offense committed after the first conviction: Provided, That the offense of drinking, giving away, or receiving ardent spirits contrary to the provisions of this act shall not be deemed a felony in any case, except as herein provided: And provided further, That the purchasing or having in possession by any person of ardent spirits for personal use shall in no case be deemed a felony, but the burden of proof that said ardent spirits are for personal use shall be upon the defendant.

Section 6 provides penalties as follows:

Any person who shall violate any of the provisions of this act shall, except as otherwise herein provided, be deemed guilty of a misdemeanor, and be fined not less than $50, nor more than $500, and be confined in jail not less than 1 nor more than 6 months, except that the sale of any ardent spirits, or the transportation thereof in the excess of 1 gallon, shall be punished by a fine not exceeding $500 and confinement in jail not less than 3 nor more than 12 months, and except it be clearly shown at the trial that the amount being transported did not exceed 1 quart, and that it be clearly shown that there was no intent to sell the same, and that a satisfactory explanation be given by the defendant as to where, when, and from whom, if he knows, he obtained such ardent spirits, the punishment shall be by a fine of not less than $50 nor more than $100, or by confinement in jail not less than 10 nor more than 30 days, either or both, in the discretion of the court or jury trying the case. The penalty for any sub

sequent offense committed after the first conviction, which is not declared a felony by this act, shall be a fine of not exceeding $500 and imprisonment in jail for not less than 3 months nor more than 12 months. Whenever in this act the violation of any provision is declared a felony, the person convicted of such violation shall be punished by confinement in the penitentiary for not less than 1 nor more than 5 years, or, in the discretion of the jury, by confinement in jail not less than 6 months nor more than 12 months, and by a fine not exceeding $500; but where, upon the trial of any charge of violation of this act, other than the charge of manufacture or sale of ardent spirits, or the transportation thereof in excess of 1 quart, or for a felony, it shall appear to the jury trying the case that there has been no intentional violation of any provisions thereof, but an unintentional or inadvertent violation thereof, then the jury may, in their discretion, omit the jail sentence.

But no court, nor the judge thereof, of this Commonwealth, nor any justice, mayor, or other officer trying the case, shall suspend the sentence of any person convicted of any felony or the illegal manufacture or sale of ardent spirits, or the transportation thereof, in quantities exceeding 1 gallon, or for any second or subsequent conviction of any offense against the prohibition laws of this State or any ordinance of a city or town authorized by this act, since the 1st of November, 1916.

Under said section 6 the term "second" or "subsequent offense," as used in said act, is intended to mean second or subsequent offenses committed against this act after defendant has been convicted of a violation of this act or any city or town ordinance or State prohibition law since November 1, 1916. (Acts 1926, p. 417.)

Under section 8 it is provided that whenever a jail sentence is prescribed for a violation of this act and such sentence is imposed, then the defendant shall be sentenced to the State convict road force for a period of said jail sentence, and whenever a fine is prescribed for the violation of the laws for the enforcement of prohibition in this State and such fine and costs incident to the prosecution and conviction are not paid the defendant shall be sentenced to and held in the State convict road force under the provisions of sections 2094 and 2095 of the Code of Virginia, 1919, as amended, for the nonpayment of said fine and costs. (Acts 1928, p. 1236.)

Under section 9 of said act a penalty is provided when firearms or other deadly weapons are found in possession of persons unlawfully engaged in manufacturing, transporting, or selling ardent spirits. This is deemed a felony, conviction for which involves confinement in the penitentiary for not less than 1 year nor more than 3 years, or, in the discretion of the jury or the court trying the case without a jury, confinement in the jail for not less than 6 months nor more than

12 months.

Under section 11, prosecutions in courts of record under this act may be by information or indictment for misdemeanor, and by indictment for felony.

Under section 12 the possession by any person of ardent spirits at any place other than his permanent bona fide home shall be unlawful unless the ardent spirits shall have been lawfully acquired from a person or persons authorized by law to furnish the same, or wine manufactured in the home not in violation of the provisions of this act. Upon the prosecution of a person for the unlawful possession of ardent spirits, such possession shall be prima facie evidence of unlawful possession by the person or persons occupying the premises, and the burden shall be upon the accused to satisfy the judge or jury trying the case that he lawfully acquired possession of such ardent spirits.