Barker v. Commonwealth

Citations

• 90 Va. 820
• 20 S.E. 776
• 1894 Va. LEXIS 75

Syllabus

<p>1. Criminal Proceedings' — Seduction—Evidence.—At trial for felonious seduction, held, the character of the house — whether of ill or good repute — -where prosecutrix resided prior to her alleged seduction, may be proved by evidence of particular facts, not the conclusions of the witness, and not by general reputation.</p> <p>2. Idem — Compromise—Instructions.—At such trial the jury were instructed tliat no compromise between the parties, or any one else, could bar the prosecution : Held ; No error; nor is an instruction in the language of the statute, Code, ? 3677.</p> <p>3. Idem — Duty of jury — Instruction.-—It being no more the duty of the jury to endeavor to acquit than to convict, an instruction that the jury should endeavor to reconcile all the evidence with the presumption of the innocence of the accused: held: properly denied.</p> <p>4. Idem- — Chastity—Burden of proof. — In a prosecution for felonious seduction, the chastity of the prosecutrix is presumed by the law, and the burden of impeaching it lies on the accused.</p> <p>5. Idem — Venire facias. — The jury for the trial of a felony must be brought in under a writ of venire facias, and the failure of the record to show that fact: held: reversible error. Myers v. Commonwealth, ante p. 785.</p> <p>6. Quaere as to the extent to which the testimony of the prosecutrix must be supported by other evidence under Code, ? 3679, in order to sustain conviction of accused. Hausenfluck’s Case, 85 Va., 802.</p>