Honesty v. Commonwealth

Citations

• 81 Va. 283
• 1886 Va. LEXIS 97

Syllabus

<p>1. Criminal Proceedings—Jurors—Mode of selection—Venire facias. In a case where death may be the punishment, the writ shall require to be summoned twenty-four persons of the county or corporation, to be taken from a list to be furnished by the judge, residing remote from the place where offence is charged to have been committed, and qualified in other respects to serve as jurors. Prom these shall be selected a panel of sixteen free from exception, and from this panel the accused may strike four ; and the remaining twelve shall constitute a jury. Hall’s Case, 80 Va. 555.</p> <p>2. Idem—Instructions—Case at bar.—The accused is entitled to a full and correct statement by the court of the law applicable to the evidence in his ease, and any misdirection by it in point of law, in matters material to the issue, is ground for a new trial. Rea v. Trotter, 26 Gratt. 585.</p> <p>3. Idem—Idem—“ Probably.”—An instruction otherwise right will not be vitiated by a conclusion in the words following: “And if there be a reasonable doubt whether the prisoner had willed, deliberated and premedita! ed to kill the deceased, or to do him some serious bodily injury which would probably occasion his death, the jury ' ought not to find him guilty of murder in the first degree.” Ste. Cr. Dig. 161-2.</p> <p>4. Idem—Idem—Evidence—If an instruction rightly propounds the law, and there is any evidence, however slight, to which it is applicable, it should be given. Hopkins v. Richardson, 9 Gratt. 486.</p> <p>5. Idem—Necessity.—The necessity relied on to justify killing must not arise out of prisoners own misconduct. Lewis’ Case, 78 Va. 733.</p> <p>6. Idem—Provocation.—Provocation sought, or voluntarily provoked, cannot excuse killing or doing bodily harm. No provocation whatever can render homicidejustifiable, or even excusable. The lowest grade to which it can reduce homicide is manslaughter.</p> <p>7. Idem—Implied malice—Murder,—If a man kill another suddenly, without any, or without’a consid