Lyles v. Commonwealth

Citations

• 88 Va. 396
• 13 S.E. 802
• 1891 Va. LEXIS 50

Syllabus

<p>1. Criminal Proceedings— Grand juries — Murder.—Under Acts 1889-90, p. 91, an indictment for murder may be found by either a regular or a special grand jury.</p> <p>2. Idem — Competency of jurors. — Upon his voir dire juror stated that when the alleged offence whs committed he had heard some talk about it and might have then had some opinion about it, but did not recollect; that he had no opinion now, and was impartial, and could give prisoner a fair trial;</p> <p>Held :</p> <p>Objection properly overruled.</p> <p>3. Idem — T'enire facias — Objection-too Zafe. — Objection, after verdict, to irregularity (not prejudicial to prisoner), in the venire facias ordered in vacation for forty persons to be summoned from list presented by the judge, for the trial of prisoner and others not jointly indicted;</p> <p>Held :</p> <p>Too late, under Acts 1887-’88, p. 18.</p> <p>4. Idem — Evidence certified — Rule under \\ 3484. — Where the evidence (and not the facts) is certified, the accused must be considered here on review of refusal by court below to award a new trial, as admitting the truth of all the commonwealth’s evidence and as waiving all his own which conflicts therewith, even where one of the commonwealth’s witnesses admitted at the trial she had made different statements.</p>