Sutton v. Commonwealth

Citations

• 85 Va. 128
• 7 S.E. 323
• 1888 Va. LEXIS 19

Syllabus

<p>1. Criminal Jurisdiction and Proceedings—Removal from county to circuit court.—It is not ground for arrest of judgment that upon arraignment in the county court prisoner pleaded not guilty, and then made his election to be tried in the circuit court. Acts 1877-'78, ch. 17, $ 1. Nor that after removal prisoner was not re-arraigned in the circuit court, no objection being made to trial without further plea.</p> <p>2. Idem—Trial—Failure to testify—Comments.—Remark of prosecuting attorney to the jury that prisoner had not accounted for his whereabouts at time of homicide nor his flight from the State, without allusion to his failure to testify, comes not within 1 3897, Code 1887.</p> <p>3. Idem—Evidence—Declarations of accused.—Evidence of a conversation by accused, relevant to the issue, is admissible, though witness did not hear ail, the conversation being such as amounted to nothing.</p> <p>4. Circumstantial Evidence—..Instructions.—An instruction, that in cases of circumstantial evidence the time, place, manner, opportunity, motive and conduct must concur in pointing to the prisoner as the guilty agent, is not improperly modified by charging that all these circumstances, or such of them as may be proved with other facts, if any, must so concur.</p> <p>5. Idem—Case at bar.—The circumstances proved in this case justify a conviction for murder in the first degree.</p>