Howard v. Commonwealth
Supreme Court of Virginia
Error to refusal of judge of circuit court of Fauquier county to award writ of error to judgment of county court nf said county, rendered August 4th, 1885, and sentencing Beverly Howard, the plaintiff in error, in accordance with the verdict, to confinement in the penitentiary for a term of five years, for the felonious burning of certain stacks of rye and other personal property mentioned in the indictment.
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Error to refusal of judge of circuit court of Fauquier county to award writ of error to judgment of county court nf said county, rendered August 4th, 1885, and sentencing Beverly Howard, the plaintiff in error, in accordance with the verdict, to confinement in the penitentiary for a term of five years, for the felonious burning of certain stacks of rye and other personal property mentioned in the indictment. The facts, upon which the single question in the case arose, are set forth in the bill of exceptions, as follows: “ The Commonwealth, on the trial, proved the burning as charged in the…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court.
The question is, did the court err in admitting evidence of the previous declarations of the witness, Page?
There is no doubt that proof of declarations made by a witness out of court in corroboration of his evidence in court, is, as a general rule, inadmissible. 1 Whart. Crim. Law, section 820; The King v. Parker, 3 Doug. 242; Oliver v. Commonwealth, 77 Va. 590. Hence, if the witnesses, Marshall and Mars, had been introduced for the purpose of confirming the testimony of Page given by him on the trial, the objection of the…
2Cases cited2 opinions
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
- Oliver v. CommonwealthSupreme Court of Virginia · 1883
3Cited by14 opinions
- Limbaugh v. CommonwealthSupreme Court of Virginia · 1927
- Faison v. HudsonSupreme Court of Virginia · 1992
- Jessie v. CommonwealthSupreme Court of Virginia · 1911
- Crowson v. SwanSupreme Court of Virginia · 1935
- Atkins v. CommonwealthSupreme Court of Virginia · 1922
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