Hodges v. Commonwealth

Citations

• 89 Va. 265
• 15 S.E. 513
• 1892 Va. LEXIS 92

Syllabus

<p>1. Homicide—Record of indictment.—It is a sufficient-record of the finding of an indictment, where the order-book contains an entry that the grand jury returned into court and presented “ an indictment against O. H. for murder—a true bill.”</p> <p>2. Idem—Juror—Motion to set aside verdict.—Where, after verdict of guilty of murder in the second degree, a juror, on motion to set aside the verdict- on the ground of previously-expressed opinion, admitted he might have said the prisoner “would be,” but denied saying she “ should be” hung, and said he did not then know he had been put-on the venire; that he never expressed an opinion as to her guilt or innocence; that his sympathies were with her, and that heat first favored fixing her imprisonment- at the lowest term—</p> <p>Held :</p> <p>The motion was properly overruled.</p> <p>3. Idem—Case at bar.—Upon consideration of the evidence disclosed by the, record,</p> <p>Held :</p> <p>The verdict of guilty of murder in the second degree should not be disturbed.</p> <p>4. Idem—Instructions.—When there is no evidence whereon an instruction can rest, the trial court should refuse to'give it to the jury.</p> <p>•5. Idem—Evidence.—In the trial evidence was offered by the prisoner that several months befo're the homicide the deceased had made an assault upon her with intent to commit a rape.</p> <p>Held :</p> <p>Inadmissible.</p>