Hash v. Commonwealth

Citations

• 88 Va. 172
• 13 S.E. 398
• 1891 Va. LEXIS 16

Syllabus

<p>1. Okuiix.vl Progeedixíís—Murder—Indictment.—Motion to quasli joint indictment against two persons on the ground of omission to insert copulative conjunction “ and ” between their names, is properly overruled, where a comma is placed after first name.</p> <p>2. Idem—•Instructions.—Where there is no evidence in record tending to establish the proposition contained in an instruction; and an instruction undertaking to recite the evidence, but giving only a portion and withholding the rest;</p> <p>Held :</p> <p>Erroneously given.</p> <p>3. Idem—Pretence—Unlawful act.—An instruction that “ a man cannot in anjease justify the killing of another upon the pretence of self-defence unless he be without fault in bringing on the necessitj- of so doing upon himself”—</p> <p>Held :</p> <p>Improper, because the word “ pretense ” impliess groundlessness, and is calculated to prejudice the jury against the theory of necessarjself-defence relied on by the accused. The word “ plea ” should have been used instead of “ pretense ”; and because the true doctrine is that although the slayer provoked the combat, or produced the occasion, yet, if be done without any felonious intent, intending, for instance, merely an ordinary battery, or trespass, the accused may avail himself of the plea of self-defence.</p> <p>4. Idem—Trespass—Removal of line-fence—Plea of self-defence.—Where accused had built a fence upon the line between his land and that of deceased, and it had been so used for a number of jrears, and deceased had notified accused not to remove it, the removal thereof would be nothing-more than a trespass. But if the fence had been built by the accused on his own land, such removal would not be a tortious act at all. And in either event, if, to prevent such removal, deceased had made an attack upon accused with a deadly weapon, under circumstances calculated to excite in the latter’s mind a reasonable apprehension of death or great bodily injury to himself, under which he kills his