Oliver v. Commonwealth

Citations

• 77 Va. 590
• 1883 Va. LEXIS 95

Syllabus

<p>1. Criminal Proceedings-Evidence-Approvers.-The doctrine of “approvement” was never the law of this state. Case at bar does not come within that doctrine. See Byrd's Case, 2 Va. Ca. 492.</p> <p>2: Idem-Idem-Accomplices.-An accomplice, not convicted of an infamous offence, is ordinarily a competent witness; and no person, not jointly tried with defendant, is incompetent by reason of interest. Code 1873, ch. 195, l 21.</p> <p>3. Idem-Idem-Infants.-An infant under fourteen is competent, if he understands the nature of an oath. At fourteen he is presumed to understand it. Not so if under fourteen.</p> <p>4. Idem-Idem-Witness-Examination.-Where the court has once decided in favor of the witness’ competency, he cannot be examined before the jury touching his competency.</p> <p>5. Idem-Idem-Principal-Accessory.-Any evidence is admissible which tends to show the relations of the principal with the alleged accessory.</p> <p>6. Idem-Idem-Conspirators-Post-statements.-Though conspiracy has been proved, statements of a conspirator, made after the object of the conspiracy is accomplished, are inadmissible to criminate his co-conspirator.</p>