Muscoe v. Commonwealth

Citations

• 87 Va. 460
• 12 S.E. 790
• 1891 Va. LEXIS 94

Syllabus

<p>1. Criminal Proceedings—Change of venue.—Prisoner indicted for murder made affidavit that he could not have an impartial trial by reason of prejudice against him, and presented extracts from newspapers alleging his guilt. Witnesses testified that not greater than the usual prejudice existed, and that in their opinion a fair trial could be had: held, change of venue properly denied.</p> <p>2. Idem—Venire fadas.-vThough writ of venire facias has been exhausted by the answers of the venire men, yet it should be quashed for irregularity on its face, as such writ is, in legal intendment, no process at all. But where the quashing was done on prisoner’s own motion: held, no ground for reversal.</p> <p>3. Idem—Instruction—Harmless error.—Judgment will not be reversed for giving an erroneous instruction, which, it appears, could not have prejudiced the prisoner.</p> <p>4. Idem—Prisoner’s declarations.—Declarations of accused, made just before the homicide, that “ he felt like killing some one ”: held, admissible to show his animus.</p>