Commonwealth v. Jones
General Court of Virginia
John M. Jones was indicted, and tried, for the murder of George Hamilton, in the circuit court of Lynchburg. The jury found him guilty of murder in the first degree. He moved the court to set aside the verdict, and direct a new trial, on the ground that the verdict was not warranted by, the evidence.
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John M. Jones was indicted, and tried, for the murder of George Hamilton, in the circuit court of Lynchburg. The jury found him guilty of murder in the first degree. He moved the court to set aside the verdict, and direct a new trial, on the ground that the verdict was not warranted by, the evidence. The court intimated its opinion that the verdict was right: upon which his counsel asked the court to , spread the evidence upon the record, and to state it from the mouths of the witnesses. The judge said he would make an accurate state of all the facts which he considered proved at the trial,…
1Opinion of the CourtDaniel, J.
The first question refers to a state of the facts which were proved before the jury upon the trial, and *610upon which the verdict was rendered; and makes it necessary for this court to examine the facts and the circumstances of the case, to ascertain what offence the prisoner had committed, and what degree of criminality marked the offence. That the prisoner committed the homicide charged in the indictment, there can be no doubt. Was it committed under circumstances, which, according to law, made it manslaughter ? murder in the second degree ? or murder in the first degree ?
That the offence…
2Cited by55 opinions
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- Sweeney v. BakerWest Virginia Supreme Court · 1878
- State v. WelchWest Virginia Supreme Court · 1892
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