Cunningham v. Commonwealth

Citations

• 88 Va. 37
• 13 S.E. 309
• 1891 Va. LEXIS 6

Syllabus

<p>1. Criminal Proceedings — Indictment—Attempt at rape. — Under Code, 1887, § 3888, in indictment for attempt to commit rape, some act towards its commission must be alleged, and at the trial proved; but to aver that accused '• violently and feloniously made an assault ” in the attempt;</p> <p>Held :</p> <p>Sufficient.</p> <p>2. Idem — Argument—Harmless error. — Under the circumstances of this case, it was not an abridgement of the accused’s right to be heard, to limit the argument of counsel to one hour and a half to a side. Jones v. Commonwealth, 87 Va. 63.</p> <p>3. Idem- — Nevi trial — Case at bar. — The evidence in this case, being considered as upon a demurrer to evidence, warrants the verdict.</p>