Briggs v. Commonwealth

Citations

• 82 Va. 554
• 1886 Va. LEXIS 74

Syllabus

<p>1. Criminal Proceedings—Constitution—Jeopardy.—So much of section 25, chapter 17, Acts 1877-8, as declares that “ if a verdict be set aside on the motion of the accused, and a new trial awarded, on such new trial the accused shall be tried, and such verdict may be found and sentence pronounced as if a former verdict had not been found,” is not unconstitutional. Stuart v. Com’th, 28 Gratt. 950.</p> <p>2. Idem—Autrefois acquit.—On indictment for murder, at first trial accused is convicted of murder in second degree, and gets verdict set aside. At second trial, he pleads that he has been before acquitted of murder in first degree by virtue of his conviction of murder in second degree ; and moves that the jury be instructed to exclude a finding of murder in first degree. It is not error to reject the plea, nor to deny the instruction.</p> <p>3. Idem—Evidence—Bes gestee.'—On trial of indictment for murder, it is admissible to prove that when the deceased was killed, two persons ran rapidly away in the same direction, and that one said in a jerky voice to the other as they both ran past a by-stander : “Will, you have killed him.”</p> <p>4. Idem—Evidence.—Evidence, not to render witness incompeient for infamy, nor to impeach his veracity, but to prove that he was “given to rows and to putting them off on others,” is inadmissible.</p> <p>5. Idem—Instructions—Character.—It is not error to refuse to instruct the jury that “if accused be proved of good character as a man of peace, the law says that such good character may be sufficient to create a reasonable doubt of his guilt, although no such doubt would have existed but for such good character ” ; and in lieu thereof, to instruct them that “the character of the accused, good or bad, when proved, may always be received and weighed by them in favor of or against him, as the case may be.”</p> <p>6. Idem—Illegal arrest—Homicide—Case at bar..—Under circumstances giving a constable, without warrant, or badge, no authority to m