Prather v. Commonwealth

Citations

• 85 Va. 122
• 7 S.E. 178
• 1888 Va. LEXIS 18

Syllabus

<p>1. Criminal Proceedings—New trial.—On motion to set aside a verdict of conviction, and award a new trial in a criminal case, the sole question is, is the evidence plainly insufficient to support the verdict?</p> <p>2. Idem—Circumstantial evidence—Reasonable datibt.—To warrant conviction, every fact necessary to establish guilt must be proved beyond a reasonable doubt, especially when sought upon circumstantial evidence alone, which is always acted on with the utmost caution.</p> <p>3. Idem—Case at bar.—In this case the evidence, which was wholly circumstantial ;</p> <p>Held :</p> <p>Insufficient to support the verdict of guilty.</p>