Smith v. Commonwealth

Citations

• 85 Va. 924
• 9 S.E. 148
• 1889 Va. LEXIS 106

Syllabus

<p>1. Criminal Proceedings—Indictment.—An indictment for rape in the words of § 3680, Code 1887, defining the offense, is good.</p> <p>2. Idem—Plea—Replication.—Prisoner plead that he had been held for trial more than four terms after indictment. Replication that during that period prisoner had been convicted and the conviction reversed, and that he had been held till reversal for punishment, not for trial, held sufficient.</p> <p>3. Idem—Same defense.—It is proper to reject plea presenting in different language same defense already presented in another plea.</p> <p>4. Idem—Motion for new trial.—Where prosecutrix, twelve years old, has been critically examined as to her understanding the motive of an oath by the trial court to its satisfaction, and the jury instructed that they were the judges of her'credibility, motion to set aside verdict of guilty, on the ground that she could not understand the same, will not be sustained.</p> <p>5. Idem—Case at bar.—The evidence certified in this case held conclusive of the prisoner’s guilt.</p>