Legal Opinion

Wright v. Commonwealth

Supreme Court of Virginia

Decided June 24, 1909PublishedCited by 18 opinions

Error to a judgment of the Circuit Court of Dickenson ■county. The following instructions were given on the trial: “1. The court instructs the jury, that murder is the unlawful killing of any person with malice aforethought. “2. Murder is distinguished by the law of Virginia as murder in the first degree and as murder in the second degree. “3. The court instructs the jury, that whenever a killing is wilful, deliberate and premeditated, the law infers malice from this fact.

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Error to a judgment of the Circuit Court of Dickenson ■county. The following instructions were given on the trial: “1. The court instructs the jury, that murder is the unlawful killing of any person with malice aforethought. “2. Murder is distinguished by the law of Virginia as murder in the first degree and as murder in the second degree. “3. The court instructs the jury, that whenever a killing is wilful, deliberate and premeditated, the law infers malice from this fact. “4. The court instructs the jury, that murder in the first degree is any wilful, deliberate and premeditated killing with…

1Opinion of the CourtWhittle, J.

This writ of error brings under review a judgment of the Circuit Court of Dickenson county of conviction of the plaintiff in error, Elijah Wright, of murder of the first degree.

In addition to the charge of murder of the first degree the indictment alleges that the accused had been twice before sentenced in the United States to confinement in the penitentiary.

There was a demurrer to the indictment which the court overruled ; so that we are met at the threshold of the case with the inquiry, whether in a prosecution for murder of the first degree the allegation of previous convictions for felony…

2Cases cited4 opinions

  1. Sutherland v. CommonwealthSupreme Court of Virginia · 1909
  2. Jennings v. CommonwealthSupreme Court of Virginia · 1909
  3. Rand v. CommonwealthSupreme Court of Virginia · 1852
  4. Armes v. CommonwealthCourt of Appeals of Virginia · 1986

3Cited by18 opinions

  1. Mitchell v. CommonwealthSupreme Court of Virginia · 1925
  2. Martin v. CommonwealthSupreme Court of Virginia · 1946
  3. Wesley v. CommonwealthSupreme Court of Virginia · 1949
  4. Washington v. CommonwealthCourt of Appeals of Virginia · 2005
  5. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1944

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