Coleman v. Commonwealth

Citations

• 84 Va. 1
• 3 S.E. 878
• 1887 Va. LEXIS 2

Syllabus

<p>1. Criminal Proceedings—Jury—Judge’s list.—Writ of venire facias commands sheriff to summon twenty-four persons from list to be furnished by county judge, and to have “there this writ and the judge’s list of said jurors,” is followed in the record by “the list of venire referred to above, and signed, “ W. S. Gooch,” and is endorsed, “Executed by summoning the within-mentioned parties,” and signed by the sheriff.</p> <p>Held:</p> <p>The record conclusively shows that the persons were summoned from a list furnished and signed by the county judge.</p> <p>'2. Idem—Colored persons.-—The county court overruling motion to quash said writ because jury was composed of colored men, assigned as a reason that the prisoner and prosecutrix were colored, and that the jury was composed of intelligent colored men qualified as jurors.</p> <p>Held :</p> <p>This is not proof that the court intentionally summoned those persons because they were colored, and the motion was properly overruled.</p> <p>3. Idem—JEvidence'of chastity— At trial for rape it having been proved, without objection, that daughter of prosecutrix living with her, had an illegitimate child, it was held that was such attack upon the character of prosecutrix for chastity as admitted evidence of her general character.</p> <p>4. Idem— Qusere.—Can character of prosecutrix for chastity in the trial for rape, be supported by evidence, unless it has been previously attacked?</p> <p>5. Idem—Case at bar.—The evidence, not the facts, being certified, and this court looking only to the evidence for the Commonwealth, the verdict of guilty is not such a palpable deviation from said evidence as ought to cause this court to set aside said verdict.</p>