Lewis v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Southampton county, rendered November 10, 1883, upon the verdict of the jury which found Salathiel Lewis, the plaintiff in -error, guilty of murder in the second degree, and ascertained his term of imprisonment in the penitentiary at seventeen years, for the killing of John M. Newsome on the 21st day of May, 1883.
1Opinion of the CourtFatjntlekoy, J.
Upon the trial of the cause, after all the evidence on the part of the Commonwealth, as well as of the accused, had been introduced and heard by the jury, the attorney for the Commonwealth asked and obtained from the court the following instructions—viz: •
First. The court instructs the jury that, on a charge of murder, malice is presumed from the fact of killing, unaccompanied with circumstances of extenuation; and the burden of disproving the malice is thrown upon the accused.
Second. That every man is presumed to intend the natural and probable consequences of his own acts.
Third. That on a…
2Cases cited3 opinions
- Vaiden v. CommonwealthSupreme Court of Virginia · 1855
- Wright v. CommonwealthSupreme Court of Virginia · 1882
- Willis v. CommonwealthSupreme Court of Virginia · 1879
3Cited by14 opinions
- Honesty v. CommonwealthSupreme Court of Virginia · 1886
- Jackson v. CommonwealthSupreme Court of Virginia · 1900
- Clark v. CommonwealthSupreme Court of Virginia · 1893
- Richardson v. CommonwealthSupreme Court of Virginia · 1920
- Gray v. CommonwealthSupreme Court of Virginia · 1895
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