Brown v. Commonwealth
| Citation | 86 Va. 935, 11 S.E. 799 |
| Case Date | June 19, 1890 |
| Court | Supreme Court of Virginia |
11 S.E. 799
86 Va. 935
Brown.
v.
Commonwealth.
Supreme Court of Appeals of Virginia.
June 19, 1890.
Criminal Law—Evidence—Accomplices—Arson.
1. Though a witness on a trial for arson was charged as an accomplice in the indictment, and has been found guilty by the jury, he is competent where he has not yet been sentenced.
2. Declarations of such witness, made in defendant's presence, that he would have a certain prisoner out of jail or "burn the town before morning" are not admissible where there is no evidence of a conspiracy between such witness and defendant.
Error to county court, Franklin county.
This was an indictment for arson. Defendant was convicted, and brings error.
Mr. Dillard, for plaintiff.
R. Taylor Scott, Atty. Gen., for the Commonwealth.
Lewis, P. This case is similar to Early's Case, ante, 795, (just disposed of.) At the trial a number of exceptions to rulings of the court were taken by the prisoner, of which, in the view we take of the case, it will be necessary to consider but two only.
The first exception was to the action of the court in permitting George Early to be sworn and testify as a witness for the commonwealth. The ground of the objection was that witness was an accomplice in the clime charged in the indictment, and had been found guilty thereof by the jury that tried him. It appears, however, from the bill of exceptions that he had not then been sentenced, and hence he was a competent witness in the case. 1 Greenl. Ev. §§ 375-379; Nannie.Woods' Case, ante, 798, (just decided.)
The next exception relates to the action of the court in permitting the witnesses Jeter and Pollard to testify to certain declarations of Early. The burning occurred on the 7th day of October, 1889, in the night. In the afternoon of that day the sergeant of Rocky Mount, in which town the burning occurred, arrested one Henry Smith, a negro, for disorder, and placed him in jail. When arrested, a number of negroes gathered around him, and followed him to the jail, among whom were Early and the prisoner. Both of the above-mentioned witnesses testified that they heard Early say, in the presence of the prisoner, who was also cursing and swearing...
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State v. Spurr, (No. 5205.)
...common-law rule that a person found guilty of a felony may testify until the sentence of the law is pronounced. See Brown v. Commonwealth, 86 Va. 935, 11 S. E. 799, Woods v. Commonwealth, 86 Va. 929, 11 S. E. 798, and Briggs v. Commonwealth, 82 Va. 554. Second assignment of error: By bill o......
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Rowlan v. State, 6 Div. 68
...denial, and that he was silent. Underbill, Criminal Evidence, §§ 122-124; Jones v. State, 156 Ala. 175, 47 So. 100; Brown v. Commonwealth, 86 Va. 935, 11 S.E. 799; Commonwealth v. Brailey, 134 Mass. 527; Jones v. State, 107 Ala. 93, 18 So. 237. The statement of the witness Screws, "I saw Je......
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State v. Harry Spurr,, (No. 5205.)
...that a person found guilty of a felony may testify until the sentence of the law [100 W.Va. 127] is pronounced. See Brown v. Commonwealth, 86 Va. 935; Woods v. Com., 86 Va. 929 and Briggs v. Com., 82 Va. 554. Second assignment of error. By bill of exceptions No. 5 it appears that Officers C......
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State v. Spurr, (No. 5205.)
...common-law rule that a person found guilty of a felony may testify until the sentence of the law is pronounced. See Brown v. Commonwealth, 86 Va. 935, 11 S. E. 799, Woods v. Commonwealth, 86 Va. 929, 11 S. E. 798, and Briggs v. Commonwealth, 82 Va. 554. Second assignment of error: By bill o......
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Rowlan v. State, 6 Div. 68
...denial, and that he was silent. Underbill, Criminal Evidence, §§ 122-124; Jones v. State, 156 Ala. 175, 47 So. 100; Brown v. Commonwealth, 86 Va. 935, 11 S.E. 799; Commonwealth v. Brailey, 134 Mass. 527; Jones v. State, 107 Ala. 93, 18 So. 237. The statement of the witness Screws, "I saw Je......
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State v. Harry Spurr,, (No. 5205.)
...that a person found guilty of a felony may testify until the sentence of the law [100 W.Va. 127] is pronounced. See Brown v. Commonwealth, 86 Va. 935; Woods v. Com., 86 Va. 929 and Briggs v. Com., 82 Va. 554. Second assignment of error. By bill of exceptions No. 5 it appears that Officers C......