Lewis v. Commonwealth
Citations
- 78 Va. 732
- 1884 Va. LEXIS 46
Syllabus
<p>1. Criminal Jurisdiction-Murder-Malice.-Malice is presumed from the fact of killing unaccompanied with circumstances of extenuation ; and the burden of disproving malice is upon the accused.</p> <p>2. Idem-Idem-Intent.-Every man is presumed to intend the natural and probable consequences of his own acts.</p> <p>3. Idem-Idem-Justification.-The necessity relied on to justify the killing must not arise out of the prisoner’s own misconduct.</p> <p>4. Idem-Idem-Evidence of threats.-Threats by deceased to prisoner, directly or through others, are admissible to determine whether the accused had at the time of the killing reasonable ground to apprehend serious bodily harm.</p> <p>5. Idem-Instructions.-Case at bar affords instance of instructions to jury after retirement to consider verdict.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[M]alice is presumed from the fact of the killing, unaccompanied with circumstances of extenuation; and the burden of disproving malice is upon the accused.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fatjntlekoy
Read full opinion on CourtListenerCited by
4 cases in this archive cite this case.
- Honesty v. CommonwealthSupreme Court of Virginia· 1886-01-07· cited 40×
- Laurence Maria Smith, s/k/a Laurence Marie Smith v. Commonwealth of VirginiaCourt of Appeals of Virginia· 2018-01-16· cited 16×
- Stanlee Sebastian Jones v. Commonwealth of VirginiaCourt of Appeals of Virginia· 2019-11-05
- Womack v. CircleSupreme Court of Virginia· 1877-09-15
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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