Williams v. Commonwealth

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

[1] The indictment is in the common-law form of an indictment for murder as that crime has been known at common law since the statute of 28 Hen. 8, c. 1, sec. 3, 2 Bish. New Cr. Law (8th ed.), secs. 627, 672-677; 2 Bish. New Cr. Procedure (4th ed.), sec. 540-547, 561-565; Livingstone’s Case, 14 Gratt. (55 Va.) 592.

It is’ contended by the Attorney-General that this is an indictment for murder in the first degree and that the plea of guilty was a confession, not merely of murder, which under the practice…