Stoneham v. Commonwealth

Citations

• 86 Va. 523
• 10 S.E. 238
• 1889 Va. LEXIS 64

Syllabus

<p>1. Murder— Trial in circuit court.—A person charged with a felony that may be punished with death, may, when called to the bar to answer the indictment, elect to be tried in the circuit court, and when the record shows this, it is not error for the circuit court to refuse to remand the case to the county court for trial.</p> <p>2. Idmu—Instructions—Self-defense.—In such trial where it was proved that deceased had threatened to take a watch from prisoner, a weaker man, and was making an attack on him at the time of the homicide, the court refused to instruct that “ a man may repel force by force in defence of his person or property against one who manifestly endeavors by violence or surprise to commit a known felony upon either, and in these cases is not obliged to retreat, but may pursue his adversary until he has freed himself from danger.” Held : Error. ' '</p>