State v. Donohoo

Citations

• 22 W. Va. 761
• 1883 W. Va. LEXIS 98

Syllabus

<p>1. It is not error upon the trial of an indictment for shooting with intent to kill to charge the jury in general terms, “that if all the evidence and circumstances of the case warrant the finding, they may find the prisoner guilty of the offence charged in the indictment, or if all the facts and circumstances of the case warrant such finding, the jury may find the prisoner guilts'- of a part of the offence charged in said indictment, whether such part be a felony or misdemeanor.” If the prisoner had desired the court to give the jury more specific instructions as to what they might find, if warranted by the evidence, he'should have asked the court to so instruct the jury. (p. 763.)</p> <p>2. It was not error to refuse to instruct the jury, that evidence of good character cannot be received, in behalf of the prisoner, until his character has been assailed, (p. 764.)</p> <p>3. In reviewing the judgment of the court below the Appellate Court will not reverse the judgment and set aside the verdict, on the ground that there is a doubt of its correctness ; but the court must be satisfied, that the evidence is plainly insufficient to warrant the verdict, (p. 765.) •</p>