Hutzler v. Commonwealth

Citations

• 126 Va. 828
• 101 S.E. 785
• 1920 Va. LEXIS 24

Syllabus

<p>1. Intoxicating Liquors—Instructions—Instructions not Supported by the Evidence—Aiding and Abetting.—In a prosecution unr der the prohibition act, the trial court instructed the jury that they might find the accused guilty if he “knowingly aided, abetted, or assisted any other person or persons in doing such act or acts.” It appeared from the testimony that if accused was guilty of any offense charged in the indictment, it was as a principal offender and not as an aider or abettor of some one else, therefore, the instruction was erroneous as being without evidence to support it.</p> <p>2. Intoxicating Liquors—Instructions—Instructions not Supported by the Evidence—Aiding and Abetting.-—In a prosecution for violation of the prohibition law, an instruction that the accused might be found guilty if he aided or abetted another person in doing acts in violation of the law, was without evidence to support it and was not warranted because of an instruction given at the request of accused that if the jury believed that it was just as probable that some other person was guilty of the offense charged as that it was the accused, then it must acquit accused.</p> <p>3. Intoxicating Liquors—Instructions—Possession of Another.— In a prosecution for violation of the prohibition act, the court instructed the jury “that the possession of the ardent spirits, by any person, upon the premises mentioned in the evidence, is a violation of law, punishable under this indictment.” • If the instruction had omitted the last clause, “punishable under this indictment,” it would have correctly stated the abstract proposition of law intended to be embodied therein. But the insertion of the clause, “punishable under this indictment,” might easily have misled the jury to the defendant’s prejudice, where the jury had already been instructed that they might find the defendant guilty, although he did not commit the criminal acts himself, if he aided or assisted some one else in doing them.</p>