Hill v. Commonwealth

Citations

• 88 Va. 633
• 14 S.E. 330
• 1892 Va. LEXIS 14

Syllabus

<p>1. Criminal Proceedings— Witnesses for commonwealth. — The prosecution is not bound to call every witness present at the transaction which is the subject of the indictment.</p> <p>2. Idem — Rule.—It is for the commonwealth’s attorney to say what witnesses he will call. If there be any material witness not called by him, defendant may call him. It is, however, in the discretion of the trial judge to call any witness present at the transaction, or whose name is on the indictment; and the witness, not being' the witness of either party, may he examined or cross-examined by both sides.</p> <p>9. Idem — Instructions.—Though an instruction correctly propounds the law, yet. if it he irrelevant to the issue;</p> <p>Held :■</p> <p>Xot error to refuse to give it.</p>