Willis v. Commonwealth
Supreme Court of Virginia
The grand jury of the county court of Lee county indicted John D. Willis for the murder of James H. Reasor, and when he was set to the bar he elected to be tried in the circuit court. On his trial, the jury found him guilty of murder in the first degree, and the court sentenced him to be hung. And he applied to a judge of this court for a writ of error and supersedeas; which was awarded.
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The grand jury of the county court of Lee county indicted John D. Willis for the murder of James H. Reasor, and when he was set to the bar he elected to be tried in the circuit court. On his trial, the jury found him guilty of murder in the first degree, and the court sentenced him to be hung. And he applied to a judge of this court for a writ of error and supersedeas; which was awarded. In the progress of the trial the prisoner took several exceptions to rulings of the court. The first and second exceptions relate to questions of evidence, and were not noticed by this court. The third…
1Opinion of the CourtAnderson, J.
The court is of opinion that the homicide committed by the prisoner, as shown by the evidence in the record, is murder. And the only question is one of degree—whether *932mur<^er 'n first or second degree. All murders are presumed in law to be murder in the second degree; and order to elevate the offence to murder in the first deoree, the burden of proof is on the commonwealth. And ® to reduce the offence to manslaughter, the burden of proof is on the prisoner. That the offence proved is greater than manslaughter, the prisoner’s counsel does not deny; but contends that it is not murder in the…
2Cases cited1 opinion
- Commonwealth v. JonesGeneral Court of Virginia · 1829
3Cited by8 opinions
- Bishop v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. PainterWest Virginia Supreme Court · 1950
- State v. WelchWest Virginia Supreme Court · 1892
- Honesty v. CommonwealthSupreme Court of Virginia · 1886
- Swisher v. CommonwealthSupreme Court of Virginia · 1998
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