Williams v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Hustings Court of the City of Richmond. >In this case the accused was indicted for the murder of his wife. There was a trial by jury, which resulted in a verdict finding the accused guilty of voluntary manslaughter and fixing his punishment at five years in the penitentiary. This verdict the trial court refused to set aside and judgement was entered by such court accordingly.
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Error to a judgment of the Hustings Court of the City of Richmond. >In this case the accused was indicted for the murder of his wife. There was a trial by jury, which resulted in a verdict finding the accused guilty of voluntary manslaughter and fixing his punishment at five years in the penitentiary. This verdict the trial court refused to set aside and judgement was entered by such court accordingly. The only evidence bearing upon the corpus delicti is to the-following effect: The death of the deceased wife occurred some two hours after midnight of Sunday night, September 14, 1919. The only…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
There are a number of assignments of error by the accused, but in the view we take of the evidence upon the subject of the corpus delicti, we find it necessary to consider but one question raised by such assignments, namely:
1. Was there sufficient evidence before the jury' to support the verdict in its finding, in effect, that the corpus delicti was proved?
This question must be answered in the negative.
It is true, as said in State v. Bowyer, 43 W. Va. 180, at p. 181, 27 S. E. 301: “Where there is…
2Cases cited2 opinions
- State v. SullivanWest Virginia Supreme Court · 1904
- State v. BowyerWest Virginia Supreme Court · 1897
3Cited by6 opinions
- Smith v. CommonwealthSupreme Court of Virginia · 1946
- Orange v. CommonwealthSupreme Court of Virginia · 1950
- Welch v. StateCourt of Criminal Appeals of Alabama · 1970
- Terry v. CommonwealthSupreme Court of Virginia · 1938
- Schlimme v. CommonwealthCourt of Appeals of Virginia · 1993
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