Bond v. Commonwealth

Citations

• 83 Va. 581
• 3 S.E. 149
• 1887 Va. LEXIS 101

Syllabus

<p>1. Criminal Proceedings&emdash;Felonies&emdash;Motion for new trial&emdash;Prisoner's presence.&emdash;Prisoner must, be present at every stage of trial for felony where anything is done by which he is to be affected. Code 1873, ch. 202, § 3. His presence must be shown by the record when motion for new trial is made and overruled. Hooker's case, 13 Gratt. 763.</p> <p>2. Idem&emdash;Case of irregularity&emdash;Case at bar.&emdash;But if in his absence motion for new trial is made and overruled, and afterwards during same term, in his presence, the overruling is rescinded, and he is invited to renew the motion, but refuses&emdash;</p> <p>Held :</p> <p>The irregularity is thereby cured. Boswell's case, 20 Gratt. 865.</p> <p>3. Idem&emdash;Cumulative evidence.&emdash;It is not error to deny new trial asked for on account of after-discovered evidence that is merely cumulative.</p> <p>4. Idem&emdash;Evidence&emdash;Threats&emdash;Case at -bar.&emdash;It is not error to admit in a trial for house-burning evidence of prisoner’s threats to burn a house so close to the building burned that, during the latter’s burning, it took fire therefrom several times.</p>