Puryear v. Commonwealth

Citations

• 83 Va. 51
• 1 S.E. 512
• 1887 Va. LEXIS 38

Syllabus

<p>1. Criminal Proceedings—Prejudice—Jury.—Court may properly refuse to summon jury from another county because of local prejudice, until effort to obtain impartial jury has failed.</p> <p>2. Idem—Evidence—Res Gestee—Dying Declarations—Presence.—Statement of deceased in articulo mortis, and in presence of accused, that accused killed her with poison in whisky given shortly previous, is admissible as part of res gestee,—as dying declaration,—and as statement in presence of accused undenied by him.</p> <p>3. Idem—Note of Accused—Matter of Defense.—Note written by deceased indicating intention to take her own life, with endorsement by officer when found, is not admissible on cross-examination of Commonwealth's witness who could not prove the hand-writing, but as matter of defense.</p> <p>4. Idem—Indictment—Certainty—Case at Bar.—Under Code 1873, ch. 201, $12, the indictment here charges the offense with sufficient certainty.</p> <p>5. Idem —Jurors—Objections.—Under Code 1873, ch. 158, l 20, objection to juror for a disability created by the constitution, comes too late after verdict. Poindexter’s Case, 33 Gratt. 791.</p> <p>6. Idem— Felony—Pardon.—Where in 186S, juror, convicted of felony, had been pardoned, motion for arrest of judgment does not lie. Edward's Case, 78 Va. 43.</p> <p>7. Idem—New Trial—Case at Bar.—The evidence in this case warrants the verdict of guilty of murder in the first degree.</p>