Williams v. Commonwealth

Citations

• 85 Va. 607
• 8 S.E. 470
• 1889 Va. LEXIS 72

Syllabus

<p>1. Criminal Proceedings—Instructio?is after jziry retired.—Without instructions case is submitted, and after being out several hours, jury ask for instructions as to “reasonable doubt,” and the court fully and correctly instructs them, but excludes other instructions offered by prisoner ;</p> <p>Held :</p> <p>No error, as the offer came too late.</p> <p>2. Idem—Murder—Evidence certified—Case■ at bar.—The evidence here certified and considered under the rule as to demurrers to the evidence ;</p> <p>Held :</p> <p>Sufficient to warrant the verdict of guilty as charged in the indictment.</p> <p>3. Idem—Former acquittal.—A plea that when prisoner’s associate was tried for the same offence, prisoner was a fugitive from justice, and that associate was acquitted, and that therefore prisoner was acquitted ;</p> <p>Held:</p> <p>Bad.</p> <p>4. Idem—furors—Competency.—A juror testifies that he had read the evidence on the trial of the prisoner’s associate, and formed an opinion, but not a positive one, and could give the prisoner a fair trial on the evidence;</p> <p>Held :</p> <p>He is competent.</p> <p>5. Idem—Homicide—Evidence—Res gestee —Bullet taken from deceased’s body of same kind as that carried by pistol habitually carried by prisoner, and burglar’s nippers identified as prisoner’s and found near scene of homicide, are admissible as part of the res gestee.</p> <p>6. Idem—Evidence—Indictment for other offences.—Record of indictment in another State against prisoner at time of homicide is admissible to show motive for resisting arrest.</p> <p>7. Idem—Evasion of arrest.—Evidence that after the homicide prisoner evaded arrest, and after arrest broke jail and resisted re-arrest, is competent.</p> <p>8. Idem—Jury—By-standers.—Under Code 1887, § 4019, where persons from the by-standers are ordered to be summoned to complete the panel on trial of a felony, the list is not required to be signed by the judge.</p>