There is and was a substantial difference between "jail" and "penitentiary"; the former quite usually built to confine felons only, and the latter, those guilty of misdemeanors.  Then too, jails were almost always the places of confinements for those who were to be held by order of the court pending trial or other disposition of the case. 

I think you have no choice but to view and read that entry yourself, and then see if there are any further criminal records to be found at either the county of state level.  I personally have not seen any court order that used those two terms synonymously or as in "either, or".

Paul  


  ----- Original Message ----- 
  From: Shelley Murphy 
  To: [log in to unmask] 
  Sent: Sunday, July 16, 2006 4:12 PM
  Subject: [VA-ROOTS] Jails and Penitentiaries in Virginia-


  As you know West Virginia received its statehood in 1863 and prior to that it
  was Virginia. I am trying to find out about the jails or penitentiaries that
  would of served the Jefferson County Virginia area around 1838.   Any
  suggestions on how to find someone that would of been found guilty in 1838, and see if
  the individual served anytime actual time etc, or if there is a record etc.
  So far I am not able to find anything in Jefferson County, the record was in
  Richmond, in an Order Book-that said he was found guilty and sent to public jail
  and penitentiary (info given to me by Pat Duncan). Thanks for any input,
  Shelley






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