Harrison v. Commonwealth

Citations

• 79 Va. 374
• 1884 Va. LEXIS 92

Syllabus

<p>1. Homicide—Murder—Definition.—Murder is where a man of sound sense unlawfully killeth another of malice aforethought, either express or implied. If express, the facts remain with the jury. If it is to arise from implication, it is a matter of law, the entire consideration whereof resides with the court.</p> <p>2. Idem—Intent.—It must be presumed that a man intends what is the natural and necessary consequence of his own act.</p> <p>3. Idem—Dangerous Character of Deceased— When Admissible Evidence.— Where a case of self defence has been prima facie made out, such evi dence is admissible.</p> <p>4. Idem—Idem—When Inadmissible Evidence.—It is no palliation that prisoner believed the man he attacks and kills to be a dangerous person, and in such case, such evidence is inadmissible.</p> <p>5. Idem—Idem—General Reputation.—Where such evidence is admissible, the proof must be of the deceased’s general reputation as a dangerous person, and not of the opinion of a particular individual.</p> <p>6. Idem.—Case at bar is one where the facts show a homicide through malice aforethought.</p>