64 W. Va. 668 | W. Va. | 1908
Lantie Stover was indicted for the murder of John Lewis in Raleigh county and two trials by a jury resulted in a ver-dict of guilty of murder in the second degree. From the last sentence in the criminal court of Raleigh county Stover "took a writ of error to the circuit court, and the latter court Raving affirmed the sentence, Stover comes here by a writ of error.
It is useless to detail evidence. As I have several times written it is not the office of an opinion in this Court, except in rare cases, to detail evidence, but to pass on legal
Another instruction was that if the 'jury believed that •Stover “intentionally hit John Lewis with a pistol and killed him, although they may believe that he did not intend .to kill Lewis, yet the prisoner cannot rely upon accidental killing to excuse him.” We do not see any error in this instruction. How could he rely on accidental killing, if he intentionally struck with a pistol? But this instruction does mot seem to be relied on.
It is assigned as error that the court permitted the indictment to be taken by the jury to their room when considering of their verdict, the indictment having indorsed upon it a verdict of a former jury finding the prisoner guilty of murder in the second degree. It has been a subject of much discussion in courts as to what papers can be carried by the jury into their room when sent to it to deliberate upon their verdict. The old rule was that no paper, unless sealed, could be taken by the jury to their room. That absurd rule has been
Seeing no error, we must affirm the judgment of the circuit and criminal courts.
Affirmed.