Taylor v. Commonwealth

Citations

• 77 Va. 692
• 1883 Va. LEXIS 105

Syllabus

<p>1. Criminal Practice—Adjournment and examinations—Review.—All questions concerning the adjournment of the court and the examination of witnesses lie peculiarly within the discretion of the trial-court, subject, however, to review as in other cases.</p> <p>2. Idem—Adjournment to procure attendance of witness.—Where accused made strong effort to prove alibi, and commonwealth had introduced all its evidence, and that for defence had been concluded, it was not improper for the court to adjourn from 3 o’clock P. M. until 10 o’clock A. M. next day, to allow commonwealth time to procure the attendance of witnesses to rebut the evidence of alibi.</p> <p>3. Idem—Evidence—Letter describing stolen property.—A. purchased the stolen horse from accused, and sold it to F., who received a letter, so accurately describing the horse, that F. surrendered it to the owner. It was not improper to allow F. to testify to this fact, especially after the same had been previously established by other witnesses without objection from accused.</p> <p>4. Idem—Idem—Ownership of stolen property.—It is not improper to permit the ownership of the stolen horse to be established by the son of the owner, the latter being absent from the state.</p> <p>5. Idem—Evidence certified—New trial.—Where the evidence, and not the ' facts proved, is certified, the verdict will not be disturbed unless it appears wrong, after rejecting all the parol evidence of the exceptor, and giving full faith and credit to the commonwealth’s evidence.</p>