Whitehurst v. Commonwealth

Citations

• 79 Va. 556
• 1884 Va. LEXIS 114

Syllabus

<p>1. Criminal Jurisdiction and Proceedings—Inquest.—Proceedings before coroner are generally inadmissible as evidence at trial of indictment for murder. So likewise is opinion of witness as to tendency of evidence before coroner.</p> <p>2. Idem—Instructions.—An instruction correctly stating the law, and given in direct response to an inquiry from the jury, though seemingly abstract and foreign to the case, furnishes no sufficient ground to set aside the verdict. Perkins' Case, 7 Gratt. 654.</p> <p>3. Idem—New Trial—After-discovered Evidence.—New trial on this ground is granted under the circumstances following, viz: 1. The evidence must have been discovered only since the trial. 2. It must be evidence which could not have been discovered before the trial by exercise of reasonable diligence. 3. It must be material, and such as on another trial ought to produce an opposite result. 4. It must not be merely cumulative, corroborative, or collateral. Wynne v. Newman, 75 Va. 812.</p> <p>4. Idem—Idem— Verdict contrary to Evidence.—Great weight is due to the verdict of the jury, and new trial, solely onground that it is contrary to the evidence, will be granted very cautiously, and only when the verdict is manifestly wrong.</p>