Watson v. Commonwealth

Citations

• 87 Va. 608
• 13 S.E. 22
• 1891 Va. LEXIS 113

Syllabus

<p>1. Venire Facias—Record.—It need not appear affirmatively on the record that a venire facias for summoning a grand jury was ever issued in a case.</p> <p>2. Testimony— Cross-examination of accused.—At a murder trial, accused, on witness stand, admits the homicide and claims he committed it on account of deceased’s insult to his wife, and on cross-examination he was asked if she was his lawful wife: held, the cross examination was proper, and a valuable test of truth.</p> <p>3. Instructions—Degree of crime.—An instruction to the effect that if accused, in heat of passion, caused by insult to his wife, and before lapse of time enough for his passion to cool, killed deceased, it was murder in second degree; but that it was murder in the first degree if such time had elapsed, and then he went with deadly weapon to kill, and did kill him with malice aforethought, was proper.</p> <p>4. Idem—Harmless modification.—Accused asked for instruction that if deceased had threatened to kill him and he was informed of the threat, and before he fired the fatal shot, deceased did some overt act from Which accused could reasonably infer he intended to carry out his threats, the killing would be excusable homicide. The court inserted the clause, '• and that accused killed deceased to prevent him from killing him, or doing him great bodily harm: ” held, not error, as the modification was innocuous.</p> <p>5. Idem.—Accused moved that the court instruct that if he went .to house where the homicide took place, to stop a quarrel between deceased and his wife, and to require apology for previous insults, and when he attempted to do so, deceased attacked him with deadly weapon, the homicide was not murder. The court modified the instruction by inserting the word “ peaceably ” before “ went,” and before “ to stop.” Held: No error.</p> <p>6. Motion for New Trial—Case at bar.—The evidence disclosed by the record in this case warrants the verdict of guilty of murder in the first degree, and th