Jones v. Commonwealth

Citations

• 31 Va. 836

Syllabus

<p>1. When two persons are indicted jointly for a conspiracy to prosecute another for a larceny, neither of them is entitled to a separate trial.</p> <p>2. In such a case where both are on trial the confessions of one of them in the absence of the other, made after the conspiracy charged in the indictment was completed and ended, are properly admitted as evidence. And when all the evidence has been introduced; the court should then instruct the jury, that, in passing upon the guilt of the other party, they must discard from their consideration the said admissions, they having been made after the conspiracy was completed and ended.</p> <p>3. In such case the jury cannot find either party guilty of the conspiracy as charged in the indictment, unless they believe from the evidence that there was an agreement of mind between the two to do and perform the matters and things as charged in the indictment.</p> <p>4. In such case, both the defendants having been found guilty, one of them applies for a new trial, which is overruled, and he obtains a writ of error. The other does not apply for a new trial, and there is a judgment against him. The judgment may he reversed as to the one who appeals, without reversing the judgment against the other, who did not apply for a new trial.</p>