Hausenfluck v. Commonwealth

Citations

• 85 Va. 702
• 8 S.E. 683
• 1889 Va. LEXIS 83

Syllabus

<p>1. Constitution&emdash; Grand jury&emdash;Virginia statute.&emdash;§ 3977, Code 1887, providing that a special grand jury shall consist of not less than six or more than nine persons, is not repugnant to Articles V and XIV of the amendments to the U. S. Constitution.</p> <p>2. Criminal Proceedings&emdash;Seduction&emdash;Case at bar.&emdash;Accused was tried on indictment for seduction under § 3677, Code 1887, convicted and sentenced to the penitentiary. Testimony of prosecutrix, supported by evidence of admissions of accused and other evidence, certified and considered as upon demurrer to evidence, held to sustain and warrant the verdict.</p> <p>3. Idem&emdash;Admissions.&emdash;At such trial admissions of accused to matron of hospital to which he took prosecutrix, that he had seduced her, that she was before that respectable, and that he would marry her when her confinement was over and the child put into an infant asylum, are relevant and competent evidence.</p> <p>4. Idem&emdash;Evidence&emdash;Birth of child.&emdash;At such trial it was allowable to prove the birth of the child.</p> <p>5. Idem&emdash;Leading questions.&emdash;As the asking of leading questions is within the sound discretion of the trial court, and as in this case the witness was reluctant to testify or slow of understanding, and as the question did not produce any material addition to her previous words;</p> <p>Held :</p> <p>The asking of leading questions, under the said circumstances, constitutes no ground for reversal.</p> <p>6. Idem&emdash;Indictment.&emdash;One count charged the seduction to have been committed on a certain day. The other count charged the same offence to have been committed on a different day. The trial court refused to compel prosecutor to elect between the counts;</p> <p>Held:</p> <p>The indictment was good upon demurrer, and it was not error to refuse to compel an election between the counts.</p>