Kirby v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Albemarle county, rendered 1st February, 1883, affirming judgment of county court of said county, sentencing William Kirby, the plaintiff in error, to confinement in the state penitentiary for the term of ten years; said Kirby having been found guilty upon an indictment for maliciously shooting, with intent to kill, one Stephen D. Mayo. The facts and points raised are fully stated in the opinion of the court.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The first question to he determined relates to the admissibility as evidence of the declarations of Mayo, made recently after the shooting occurred, to the witness, Truman Eichardson. The attorney-general insists, and the counsel for the prisoner deny, that the declarations so made are admissible evidence as part of the res gestee.
It appears, that on the night of the 3d July, 1882, a man entered the store of Mayo for the purpose, as he avowed, of making some small purchases, and two or three minutes after entering the store, without any notice or…
2Cases cited1 opinion
- Haynes v. CommonwealthSupreme Court of Virginia · 1877
3Cited by21 opinions
- Martin v. CommonwealthCourt of Appeals of Virginia · 1987
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Mullins v. CommonwealthSupreme Court of Virginia · 1912
- Washington v. StateSupreme Court of Florida · 1923
- State v. LeggWest Virginia Supreme Court · 1906
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