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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

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4 cases in this archive cite this case.

Cites

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