Snodgrass v. Commonwealth

Citations

• 89 Va. 679

Syllabus

<p>1. Homicide—Verdict—Er.ideaee.—-Accused deliberately raised a pistol under arm of a witness and shot the deceased. Several hours before he made threats to shoot deceased before sun-down, and talked angrily with him several times during the day, and flourished a pistol as if threatening him.</p> <p>Heed :</p> <p>A verdict of murder in the second degree fully warranted by the evidence.</p> <p>2. Threats.—Evidence of threats of the accused before, and threats to and assault upon a witness after, the shooting, is admissible to prove the demeanor of accused as indicating his animus.</p> <p>3. Witness—Recalling oj.—It is no error for the trial court to recall a witness to ask him why he had advised the accused to claim that the shooting was an accident.</p> <p>4. Instruction.—At the trial the court refused t.o instruct the jury that “ testimony concerning oral declarations of a party, whether threats, admissions, or otherwise, is regarded by the law as unreliable and unsatisfactory; and the jury should be cautious how they give credence to such testimony.”</p> <p>Heed :</p> <p>Hot error.</p> <p>5. Accused—Witness.—It was not improper for the commonwealth to ask its own witness what was his relationship to the prisoner.</p> <p>6. Record—Proceedings in court.—It is not necessary, under Code, § 3114, to read the court orders in court each day, but it is sufficient if they are drawn up and read at the conclusion of the trial during that term.</p>