Commonwealth v. Brown

Citations

• 90 Va. 671
• 19 S.E. 447
• 1894 Va. LEXIS 41

Syllabus

<p>1. Criminal Proceedings — Homicide—Witness.—-Where on trial of one of two persons jointly indicted for murder and electing to be tried separately, the commonwealth declines to call the other defendant as its witness, and at the suggestion of prisoner’s attorney, the court calls him, and he is examined first by the court, then by- commonwealth’s attor- ' ney, and lastly by prisoner’s attorney : held, no error.</p> <p>2. Idem — Conduct of jury — Absence of accused. — A mere casual visit to scene of homicide by jury during recess whilst taking exercise under custody of officer in charge, in prisoner’s absence, when there is no proof of prejudice, or of conversation regarding the scene, or of any influence on the jury thereby : held, no ground for setting aside the verdict.</p> <p>3. Idem — Exclusion of witness. — -Where after order of trial court that the witnesses be examine.d out of the hearing of each other, one not summoned, but present as a spectator, has heard part of the evidence, was called as witness for commonwealth': held, no ground for his exclusion. Hey’s Case, 32 Gratt., 946.</p> <p>4. Idem — Evidence of another offence. — Where on trial for murder prisoner had been, without objection, proven to have confessed that on night of homicide certain goods had been stolen, and a witness was allowed to testify that those goods were found in prisoner’s house when he was arrested for the homicide : held, as prisoner was not prejudiced by the testimony, its admission, though irregular, was not a reversible error.</p> <p>5. Idem — Evidence at examination. — Where notes of evidence at prisoner’s examination before the magistrate, were taken by private stenographer of commonwealth’s attorney at his own expense and for his own use: held, prisoner has no right to have those notes.</p> <p>6. Idem — Malice aforethought — Instructions.—To constitute murder, the killing must be predetermined, yet the design to kill need not have existed for any particular length of time a