Price v. Commonwealth

Citations

• 77 Va. 393
• 1883 Va. LEXIS 70

Syllabus

<p>1. Criminal Proceedings&emdash;Indictment&emdash;Verdict.&emdash;On an indictment for maliciously shooting with intent to kill, &c., one S., the jury return their verdict: “We, the jury, find the prisoner guilty of unlawful shooting with intent to kill, as charged in the indictment, and fix the term of imprisonment at three years in the penitentiary.” The verdict is to be read in connection with the indictment, and therefore sufficiently indicates the person shot.</p> <p>2. Idem&emdash;Accused&emdash;Witness&emdash;Statute Construed.&emdash;Acts 1881-2, chapter 228, section &emdash;, declares that in prosecutions for certain offences, “ the accused may be sworn and examined as a witness in his own behalf.” The object was to afford him opportunity to testify or not, as his interest might dictate, and not to deprive him of his right to deny his guilt by plea and rest upon the legal presumption of innocence.</p> <p>3. Idem&emdash;Prosecuting Attorney&emdash;Exception.&emdash;Where in such case accused does not testify, it is improper for prosecuting attorney to comment on that fact. But if exception is not taken thereto till after verdict, it is too late, unless under all the circumstances, the court can see that a proper verdict has been rendered and the accused not injured by the comment.</p>