Russell v. Commonwealth

Citations

• 78 Va. 400
• 1884 Va. LEXIS 15

Syllabus

<p>1. Criminal Proceedings-Appellate court.-Objections to the introduction of evidence cannot be taken in the appellate court for the first time.</p> <p>2. Idem-New trial.-When some evidence has been given which tends to prove the fact in issue, or when the evidence consists of circumstances or presumptions, a new trial will not be granted merely because the court, if upon the jury, would have given a different verdict. To warrant a new trial in such cases, the evidence should be plainly insufficient to justify the finding of the jury. And this rule a fortiori applies to an appellate court. Dean’s Case, 32 Gratt. 912.</p> <p>.3. Idem-Executioner.-Under the statute the judgment in a criminal case will not be set aside because it fails to appoint an executioner of the ' sentence. Acts 1877-8, page 347, section 9.</p> <p>4. Idem-Circumstantial evidence-Case at bar.-The evidence which is circumstantial only, justified the verdict of murder in the first degree.</p>