Walker v. Commonwealth
General Court of Virginia
Samuel Walker was indicted in the circuit court of Henrico, for the larceny of a watch, of the value of 50 dollars, and of a gold chain and key, the property of Elizabeth Bolton. At the trial, he excepted to an opinion of the court given against him, and being convicted, he now applied for a writ of error.
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Samuel Walker was indicted in the circuit court of Henrico, for the larceny of a watch, of the value of 50 dollars, and of a gold chain and key, the property of Elizabeth Bolton. At the trial, he excepted to an opinion of the court given against him, and being convicted, he now applied for a writ of error. The bill of exceptions states, that the commonwealth having introduced evidence to shew, that the watch had been taken without the consent of the owner, from her house, and that it was seen in the possession of the prisoner on the same day, introduced another witness, who testified, that he…
1Opinion of the CourtBrockenbrough, J.
It is certainly true, that, in public prosecutions for a specific *576offence, it is incumbent on the prosecution to prove that the offence which is charged has been committed: he is not allowed to go into proof of the commission of any other offence than that charged, or of the character of the prisoner, unless'the prisoner himself opens the way for the admission of that evidence by putting his character in issue; and, even in that case, the prosecutor cannot prove particular facts, but must content himself with evidence of general character. ,The reasons on which these positions are founded,…
2Cited by23 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- People v. RuefCalifornia Court of Appeal · 1910
- Troll v. CarterWest Virginia Supreme Court · 1879
- State v. SpraySupreme Court of Missouri · 1903
- Mann v. StateSupreme Court of Florida · 1886
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