Vaughan v. Commonwealth

Citations

• 85 Va. 671
• 8 S.E. 584
• 1889 Va. LEXIS 80

Syllabus

<p>1. Criminal Proceedings—Homicide—Intent.—Where evidence of guilt is in other respects satisfactory, adequacy of motive is of little importance. Finchim's Case, 83 Va. 689. But where there is no evidence of motive, and upon the general evidence guilt is doubtful, such absence of motive affords strong presumption of innocence. Hatchett's Case, 76 Va. 1026.</p> <p>2. Idem—Instructions.—On trial for murder instruction “that the absence of all evidence of an inducing cause or motive to commit the crime, when the fact is in reasonable doubt as to who committed it, affords a strong presumption of innocence,” asked for by accused, should have been given.</p> <p>' 3. Idem—Reasonable doubt.—Instruction to acquit, if upon the whole evidence there be reasonable doubt of prisoner’s guilt, will not cure the error of refusing to instruct as above.</p> <p>4. Appellate Court—Reversal.—Where erroneous instruction is given, or correct one is refused, the judgment will be reversed, unless the court can see from the whole record that the erroneous ruling could not have influenced the verdict.</p>