129 Va. 757 | Va. | 1921
delivered the opinion of the court.
This case requires the construction of Code 1919, section 4775, as amended by the Acts of 1920, page 99.
In the meantime, on May 17, 1920, the accused was indicted for the same offense in the United States Court for
Originally the section read thus: “If the same act be a violation of two or more statutes, or of two or more municipal ordinances, a prosecution or proceeding under one of such acts or ordinances shall be a bar to a prosecution under the other or others.”
The section, however, was further amended by the addition thereto of this clause: “Furthermore, if the same act be a violation of both a State and Federal statute, a prosecution or proceeding under the Federal statute shall be a bar to a prosecution or proceeding under the State statute;” and it is under this amendment that the accused claims immunity from this prosecution.
A brief review of the history of these statutes will be helpful. It apears from a note to this section which calls attention to the fact that the section is new, that the revisers desired to remove the apparent hardship manifest in Arrington v. Commonwealth, 87 Va. 96, 12 S. E. 224, 10 L. R. A. 242, in which a prisoner had committed but a single act, but inasmuch as it violated two statutes, she was convicted under both. In that note the revisers use this language: “The same act may be an offense against the State and against the United States, but the general prac
They doubtless also had in view the fact that under the Federal and State statutes regulating the sale of intoxicating liquors, offenders were liable to prosecution in both jurisdictions for the same act, and therefore they enlarged the scope of the statute so as to include prosecutions in the Federal courts. They were apparently unwilling in such cases to leave an accused person who was being prosecuted in the State courts subject to the discretionary comity to which the revisers alluded to in the note, but preferred in such cases to make the prosecution in the Federal courts an absolute bar to another prosecution in the State courts, so that what before rested in the discretion of the trial court is mandatory upon the State courts in such cases.
The accused also claims that the evidence does not sustain the verdict. It is sufficient for us to say that while the evidence is not as clear and as satisfactory as is desirable, we think it sufficient here to sustain the conviction, supported as it is by the verdict of the jury and the judgment of the trial court.
Affirmed.