Hill v. Commonwealth
Supreme Court of Virginia
Error to judgment of tlie circuit court of Fauquier county, rendered on the 6th day of July, 1891, in vacation, affirming a judgment of the couuty court of that county, in a prosecution against the plaintiff in error for feloniously shooting Fannie Owens, with intent to wound, disfigure, etc.
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Error to judgment of tlie circuit court of Fauquier county, rendered on the 6th day of July, 1891, in vacation, affirming a judgment of the couuty court of that county, in a prosecution against the plaintiff in error for feloniously shooting Fannie Owens, with intent to wound, disfigure, etc. It appears that on the day of the shooting, the prisoner became involved in an altercation on the streets of Warren-ton, which resulted in blows, seeing which the mayor of the town, John R. Spilman, commanded the peace. The prisoner not promptly obeying the order, Spilman attempted to arrest him,…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
Objection is made to the refusal of the trial judge to compel the girl, Fannie Owens, to be called as a witness for the commonwealth, on the broad ground that the prosecution is bound to call every witness present at the transaction which is the subject of the indictment. . ■
But we do not concur in this view. Such has not been the practice in Virginia, nor can the rule contended for be maintained upon principle. The name of the girl was not on the indictment as a witness, nor is this a case of homicide. The contention, therefore, goes even further…
2Cases cited11 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Gravely v. CommonwealthSupreme Court of Virginia · 1889
- Bressler v. PeopleIllinois Supreme Court · 1886
- Selph v. StateSupreme Court of Florida · 1886
- State v. MagoonSupreme Court of Vermont · 1877
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3Cited by17 opinions
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- State v. . HorneSupreme Court of North Carolina · 1916
- Enoch v. CommonwealthSupreme Court of Virginia · 1925
- Commonwealth v. BrownSupreme Court of Virginia · 1894
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