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https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_005-commonwealth-v-tom-ware.pdf
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Text
COMMO!'"Vli'..A
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TOM 1/A.RE
Felony
(murder)
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INST3U.JTION
No.ft_
The Gourt instructs
evidence
in this
the deceased,
believe
case tbs t the defendant
Turner,
ner,
thet
or great
and that
bodily
the defendant,
then the Court tells
ant not guilty;
although
~rest
bodily
that
make an ordinarily
so believing,
r:are,
believed
and
and imminen~
shot and killed
they should find
they may believe
Tur-
the defen
from the evidence
that
and imminent danger of death er
believe
b.1 the defendant
reasonable
and if the jury
ha rill from the hands of the decease~
if the jury fu ther
the time of the shooting
from the
t.o warrant
he was in actual
harrh from th,e deceased and that
was not armed,
was in actual
did nothing
the nefendant;
the jury that
the de•"endant was not in actual
if thev believe
tbe defendant,
ground to believe
danger of death
Turner,
in sheeting
from the evidence
had reasonable
the jury that
and prudent
the deceased,
that
in fact
the appe2ran0es
were such that would
person believe
th:.t he
and imminent danger from the hands of the deceased.
at
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�Instruction
The court
a man shall
necessary
instructs
be taken
consequence
the jury
to intend
J
No.
that
of his acts.
that
the rule
which he does,
of law is that
or which is a
�-
�Instruction
The court
killing
malice
is wilful,
from this
further
instructs
deliberate,
fact.
No.
2.
---
the jury
that
and premeditated,
whenever
the
the law infers
�~
�Instruction
The court
ginia
elevate
proof
is presumed
the offence
instructs
No.
the jury
to be murder
~
that
~
ever~homic1de
in the second
to murder in the first
degree,
is upon the Commonwealth, and to reduce
manslaughter,
the burden
p
degree.
in Vir-
In order
the burden
the offence
f is upon the prisoner.
to
to
of
��No.
If
the jury
that
Instruction
The court
being
with malice
instructs
aforethought
which is perpetrated
of wilful,
first
deliberate,
degree.
is guilty
by IUITllla.,,lying
and premeditated
whoever kills
of murder;
in wait,
killing
a human
that
a murder
or any other
is murder
kind
in the
��Instruction
The court
nesses
instructs
is a question
No.
thejury
exclusively
where a number of witnesses
for
testify
that
the
the credibility
jury,
directly
of wit-
and the law is that
opposite
to each
other,
, the jury
the appearance
testifying,
of the witnesses
and their
intelligence,
apparent
and from all
pearing
on the trial,
to give
credit
have the right
on the stand,
candor
the other
which witnesses
accordingly.
to determine
their
and fairness,
surrounding
from
manner of
their
apparent
circumstances
are more w~rthy of credit,
aoand
�..
�~
w
----~
No.
Instruction
The court
instructs
the
such a doubt as may be honestly
any substantial
charged.
and material
Reasonable
is suggested
and non-essential
essential
doubt
entertained
to prove
and substantial
a verdict
circumstances.
evidence
in order
fact
or facts
of conviction,
to sustain
to warrant
necessary
is
as to
the offence
or grows out of the evidence
doubt without
It must be a doubt of material
to find
a reasonable
doubt must be based upon the evidence,
It must not be arbitrary
to believe
that
and reasonably
fact
by the evidence,
It must be serious
jury
7
or that
itself.
it.
an acquittal.
for
the jury
and not of immaterial
�,:
10
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No.
Instruction
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sidering
The court
ins true ts the jury,
the case,
the jury
hunt up doubts,
chimerical
a reasonable
doubt,
investigation
that
entertain
A doubt
the evidence
such doubts
to justify
and it must arise
of all
of life
hesitate
not guilty.
it would cause
and pause,
If,
after
you have an abiding
satisfied
it
beyond all
in con-
in the case,
a reasonable
is insufficient
considering
conviction
reasonable
must not go beyond the evidence
all
must be
and impartial
and unless
it
in the graver
and prudent
is such
trans~
man to
to authorize
a verdict
the evidence
you can say tmt
of the truth
doubt.
to
as are merely
an acquittal
from a candid
were the same kind of doubt interposed
actions
of law,
are not to go beyond the evidence
nor must they
or conjectural.
as a matter
of the charge,
On the other
to hunt up inferences
hand,
of
you are
the jury
of guilt.
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�Instruction
The court
malice
is presumed
instructs
No.
the jury
from the fact
_:t_
that
of killing.
on a charge
of murder
When the killing
is proved,
and is unaccompanied
with
the burden
of disproving
is thrown upon the accused.
malice
circumstances
of palliation,
��No. &10
Instruction
The court
further
a wilful,
deliberate,
sary
the intention
length
that
that
the jury
and premeditated
of time prior
such intention
instructs
to kill
should
to the actual
should
at the time of killing,
come into
that
to constitute
it
is not neces-
killing
exist
killing.
existence
or any time previously.
any particular
It
is only necessary
for
the first
time
��Instruction
The court
given with a deadly
without
facie,
further
upon the prisoner
instructs
//
the jury
weapon in the previous
any provocation,
wilful,
No.
deliberate,
or even with slight
and premeditated
the necessity
that
a mortal
possession
of the slayer,
provocation,
killing,
of showing extenuating
wound
is prima
and throws
circumstances.
��Instruction
The court
the weight
case,
to be given
the jury
witnesses
if any,
further
instructs
the testimony
are authorized
to the parties,
in the result
if
of this
No.
the
/ .IJ.jury
that
of different
to consider
th:
their
temP'3r,
if any has been shown; their
demeanor whilst
apparent
means of information,
intelligence;
their
witnesses
relationship
the same is proved;
case;
in determining
their
credit
to the testimony
of such witnesses
as under
stances
such witnesses
seem to be entitled
•
of the
interest,
feeling
testifying;
in this
or bias,
their
and to give
all
such
the circum-
��Instruction
The court
proven
instructs
the jury
by the use of a deadly
is relied
upon,
prisoner,
and to avail
such defense
the burden
No.~
that
where a homicide
is
weapon,
and the plea
of self-defense
of proving
such defense
rests
him, the facts
must be established
and circumstances
by a preponderance
upon the
shONing
of the evidence.
��INS7JUGTION
N ._ii)
The Court instructsnthe
1s legal
2nd competent
evidence
jury t1at circwnstantial
1n a criminal
have the right
to consider
it such weight
as they may deem just
to:-{ether with all
the other
case and the jury
such evidem~e in this
evidenceo
and right,
evidence
ca:se and to give
when considereq
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�The :}curt instructs
fendant
is of a different
the jury that
race
should be given no consideration
their dut_v, under their
just
oeths,
the fact
..>
from the jury and
whatever
1s
that
the cle-
a negro man
by the jury and it is
to give the defendant
e fair,
as if he were a white man on trial
and iripertial
trial
crime charged
in the indictment.
just
for tr.e
��INSTRU,,':'ON JO. ---
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ant stands
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Court instructs
ed for
indic
dictment
creates
fendant;
the Court.
presumed
to be in ocent
in fact,
the
trinl
i¼nd the Court further
j,ecaus
io more lffobable
that
of guilt
the jury
presumption
tells
t1
the jury
upon me
him in t_he in-1
the df\-
the defendfmt
is
aG::.inst him in the in-,
1oes with
every
stage
t at they ~nnot
the de-
than
find
tie de-
th::;t l.e is innoeont,
suspicions
of his
I
of tho Cf.se.
t .e oVi'ent.,e that
0
ho 1s guilty
can they find him guilty
at
the Je~end-
as against
,.,'
of inno.cence
and applies
they may
0
that
ch rtJ;ed a ,n inst
whatever
tells
the fact
of the crime c}ar,od
this
fen ~nt t roughout
that
offense
no presum tion
die tment end that
fend8Il t cuil t
th
thejury
it
nor
il t, nor can
I
they fin
him guilty
anee of the evidence
the Court t elJs
LAW OFFICES
CURRY AND CARTER
STAUNTON, VA.
this
·nits
boeause
lS
the jur
they may believe
in fr.var of the gl ilt
th t the Comt.om,eBl tr,
roof and must establish
the guilt
a mere pre
that
;0 · ne~-'
of the defendant;
Gll.L
t
of the
for
o fur t er than
I
efendant
\ cle8rly end conclusively
be•~
all reasonable
douut, ::Jnd if the
jury after considerin
all of he evidence bolieve that the Common
his~ the_v o ht to find the de · ndant no.._t , iil
I eal1h has~ fa ik d in
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INSTRUCTIONNO.
The Court
with
danger,
the actual
actual
for,
state
he will
danger,
and if
jury
where
surrounding
he acts
other
that
where
him to determine
judicious
to injure
responsible
make necessary.
from appearances
necessity
and
of re-
arrl honest
convict-
for mistake
as to
men would have been mistaken,
another,
it
tom ake use of such means to prevent
and situation
a man is threatened
him as to the
from reasonable
not be held criminally
when a man attempts
the right
the
law authorizes
of things
to force;
wooting
ions,
the
instructs
gives
injury
the
injured
man
as the behavior
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The Court instructs
theJj'uurrythat if there i any reasonable
a,..(/~~
tr.eory arising
out o~the evidence in this case upon which thejury
cam find
the defendant
in the indictment,
fendant
the benefit
in his favor
LAW OFFICES
CURRY AND CARTER
STAUNTON, VA.
mot
uilty
of the crime charged
ega inst
then it is the du t: of the jury togive
of such theory
and find a verdict
him
the de-
of acquit tall
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�The Court
lieve
instructs
the
from the evidence
ed beti1een
theless,
the
or shooting
preponderance
JillLuns
on his
ware associating
case
and Nettie
jury
the
that
that
when he found
land
and believed
togethero
althouPh
that
that
did not
if
Turner
the
that
they shouldnbe-
impropAr
,1illiams,
defendant,
of the evidence
the accused,
that
jury
in this
the defendant
instructs
assaulting
shoot
"M"
INS 'IRUCTION
n
relations
the Court,
never-
arrant
him in
they believe
from a
did first
defendant
assault
and Nettie
he and Nettie
exist-
'lilliams
and
�,
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�The Court
tion
of all
instructs
the evidence
the jury
in this
the Commonwealth to establish
charged
~
in the
indictment
that
case,
the guilt
~
upon full
the burden
considerarests
of the defendant
on
as
��INSTRUCTION"D"
The Court
instructs
the jury
preponderance
of the evidence
the shooting,
when he founa
that
at
and that
the accused
replied
and that
Turner
"You don't
to shoot
at
hes
excuse
that
if
said
asked
ware, the fact
id "I don't
for Turner
death1or
serious
they
as to what was going on
know and don't
bodily
should
that
believed
harm,
find
give a damn"
fare was on the land
to shoot
firPd
the accused,
ofTurner
and
if he shot,
because
shot
in defense
not guiltyo
or
and
of the act of
he was in imninent
the fatal
the accused
started
was no justification
the accused,
that
of
and Nettie
give a damn" and thereupon
that
believe
at him by Turner,
then
the question
from a
on thenight
Sam Jackson
give a damn" in anger,
shooting
person,
they believe
.Andrew Turner
"I don't
to attempt
they further
if
the aecused,
Williams
that
the fence,
that
danger
of
of his
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~'.~:d::''J)~t"''
Couoty,
,t th,
c"'.''
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to testify and the truth to sa in behalf of tfJ_,;Co111111011wcalth
against
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··························/...~................. ................... ............... .
,
,
who stands charged wij_h/rand indicted for a felony -~neanor.
And this ..........
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day of .......
J. ROBERT S\YTITZER, Clerk of
·f
·--t..fh
...19? t mu! in the
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PRES!,
110I omit 1111der/ir11alty of £100.
HARRISONBURG,
And bmw thr11 and
fl
there this Writ.
Witness,
............
shall
VA
011r
said Court, al !hr Court House, thr
15/i,1~:
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of thr C/monwealth:
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�In the Name of the Commonwealth of Virginia :
~~a£:::z::t.tF~•;•'
s::z
/f ..............~~·.r, ..
to appear before the,:J~J/
of the Circziit Conrt gckin_gham,
at the Cozirt
1-lou,sethereof, a~'clock,
a. 111,., on the . ..
day of
..19 ..$...~
to testify and the truth to say in behalf of the Defendant in the prosecution of the Common-
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:.....
:8-~tl.tl~,.11..l.~.~:~.i~~,
who stands charged with ancl indicted for ci felony
.1.1.ndthis ...~....
and there thi~···;;;:i[·
m~r
...... shall not omit zinder the penalty
.
of £100 . .1.1.ndhave then
_]YjJE_ess•.•..:.::::-..:::.:-:·_
..::-.:
..........~::?.. .... , Clerk of ow· said Cozirt, at the Court House, the
/..L~of
.......;...+···············l9
Netvs-Recorcl, Horrisonbur.(!, Va.
....if.:tr,:,,d in the 10,h
y.ea,• of the Commonwerilth .
Clerk.
.......
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................. ............................
,
�a true cor 1
16 1932, Tl .., delivering
ummon t"' ~ 'ert \'7ill ia:rrs, Garfield
(' t. "._•n
ruc-e, Li.z~i<:. Folla.ndwort.h,
u,,. uler,
Jot:. -r,,:..y, Claud "3a1 ~r, f}e )re;t
°HJ .0.t. ';/.:-_1 is
1r.os J;'11rr, Jvc Beasley,
and Alr,ert
-,·tlls,
Ras Stephson,
Cl1c;.1.S Stro~ l .er,
each in pe:rson. P1;;;v Perr:; ,, t f' ,,,Y\d in n,.Y1ailwic ....,
Execut.ed
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�In the Name of the Commonwealth
of Virginia:
~
To
the Sheriff
of
if~
f!:!n ·
~ are hereby commanded to smnmon .....~.~····~:.
...t~
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:,:fr!:/o:~
:.:
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Greeting:
...... ..............
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•...
. ...................
···········
······················
... ... . ...
~°.11rt.o'. ~ockh1. ba1~...~~1111~~•
..
at the Court House
~Je.1:~
1
to testify and the fr1tth to say in behalf of, the
····················•···············••·••··········1.;;;J
County,
against
....... .
who stands charged with a·,d indicted for a felony 111lli],p11ea11ar.
And this ................
.......
.......
shall
not 011,~t111uler /1e11altyof £100.
~'
. ROBERT SWITZER, Clerk of our said Co rt, at the Court Housr, thr /
>?./1.~·
. 197.
day of ....... .-...
,¥:4;~
.J:.:;-a11d
in the 15 ./.
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PRES5.
Aud have th{'// and
fl
there this Writ.
Witness,
£...4
HARRISONBURG,
VA
d...~
.. ·yrar of the Co·111111011wt:af'J.:_
,
��In the Name of the Commonwealth
of Virginia:
f~
To the Sheriff of-Roe~
County,
Greeting:
You are hereby commanded to mmmon . .......................................................................................................
to
at
.
lp
ear before the Judge of the, <;;ircuit Court of Rocking~,am Co1.nty, al the Court House thereof,
:.Jo
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· o'clock, a. m., on the _/r/. ....day of..................
~
............
.
19 .~.,?.,,
to testify and the trnth to say in behalf of the Commonwealth
against
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
who stands charged with
d indic!Pd for a felony ~rmetmftr
.
.................. shall 11ot omit 1111derprnalty of £100.
And this ..
And hai•e thr11 and
there this Writ.
WUn"~
d,y a/.......
I"
SWITZER,
.
t L. PRESS. H-'RRISON8URG.
. .......
VA
V.;w--r,.
C/e,k of ou, ,-;J
1,.J;c,,nd
;nth,
15.
a ut, ,t //,- Cmut ffa,,.,, th,
u.,,c,y_.,,.,p
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...
��In the Name of the Commonwealth
of Virginia:
.
You are hereby commanded to mmmon ..................
?Jthe srriff
t!~~·
···M ···i···-/l·,71··/~ ...................
;1d•..~··-\ ...
.....r..~
.............................
...It/?!4.!J. .../~
a. m., on the //
~ay
.
..
Court of Rockingham County, at the Court House thereof,
to aPJ.earbefore the Judge of the 9rcuit
at i£u{fock,
.. ......... .1................
of.
:.
~ ..~...........
.
19
3...
to testify and the trnth lo say in behalf of the Com1nn11wealth against
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::T~::w~::::::::···········
who stands charged w~ith
And
this..................
1
indicted for a felony ..,.JJJ.ia1~e,11e,rn~,.
. ................
shall not
omit 1111drrpmalty of £100.
And ha11e thrn and
~~~
Witness, J. ROBERT SWITZER,
d,y of .. .
~
..
Clerk of 01,r said C urt, at the Court House, the .
19 ... ,J ,,,d ;,, th, 15
7
d
P, ........
....., Clerk
f'
a L. PRESS. HARRISONBURG.
VA
��In the Name of the Commonwealth of Virginia :
to appear before the Jnd&e,of the Circuit
House thereof, at
Court of_/;l_kin_gham,
:oifz!ck, a. m., on the ......
/.0....................
itay of .... L~ ......
-....19 ..7...r
to testify cind the truth to sciy in behalf of the Defendant
i·°-~·~·l·tl~'..
:l.~~:t.i~~,
County, at the Court
i,n the prosecution oC
e Com,nion-
~~(ii.~~t.:--~~::~·.-.·.·.-.·.·.·.·_-.·::.-:.-.-.-.·:.-·:::.-::::
::·.·.···.·
..:. ..........
:::::::.-_.
............
.
who stand~ cha,!/--~vith
and indicted for_a felon~
.-7~
.........
m,:i,,f,fl,fflnecinor
.
./1.nd this .................
~hall not om,it wide, the penalty of £100 . ./1.nd hcive then
and there this Writ.
tl,,,itness, ....J, .........,f.::RI ..S\1/HZE .. .~lerl~
of ow' said Cou,rt, at the Coiirt Hoiise, the
r..........
·······t::~ .....
day of ....
W .........
, and 1,n the 14f..Zh
(/
Neu.ls-Record. Horrisonburg, Va.
·· .77
year of tl e Commonwenlth.
J..&/4.~~~.
..
..,.:f. .. ~.
·~:J........
0,...............
, Clerk.
�(
J,
�r
��COMMONWEALTH
Charge
v.
..
TOMWARE
Your charge
gu lt
of the
fel
is
indictment,
and that
and was wilful,
the
of murder
death,
or,
in the first
and the
by confinement
twenty
heat,
punishment
at
for
years.
as charged
in the
aforethought,
then you shall
and ascertain
or reasonable
him not guilty
degree,
aforethought,
his
than
but
find
him
punishment
five
of voluntary
of murder
but that
actual
provocation,
nor more
in the penitentiary
he killed
not less
de-
Andrew J.
upon a sudden
combat,
and ascertain
for
in the first
or implied,
or in mutual
mensiaughter,
you will
his
find
punishment
than one nor more than
years.
If you find
gree
him
in the penitentiary
for not less
in the second
malice
by confinement
five
his
find
years.
without
him guilty
in the
aforethought
you shall
with malice
degree,
in the penitentiary
malice
then
and premeditated,
in the second
or of murder
Turner
with
of murder,
same was committed
If you find
gree,
as cmrged
twenty
him guilty
deliberate
of murder
of murder,
and ascertain
than
is
or not guilty.
by confinement
any term not less
was not wilful,
than
degree
the accused
indictment
and premeditated,
If you find
indictment,
whether
same m.s committed
in your discretion,
or for
guilty
in the
him guilty
deliberate
guiljy
to inquire
ny as charged
If you find
life,
to the Jury
or of murder
but guilty
you will
him not guilty
in the second
of involuntary
manslaughter
say so and ascertain
penitentiary
or not less
your discretion,
or by confinement
assess
in jail
degree,
than
a fine
his
of murder
or of voluntary
as charged
punishment
for not
in the indictment,
five
in the
years,
him of not exceeding
exceeding
If you find him not guilty,
de-
mansalughter,
by confinement
one nor more than
against
in the first
one year,
you will
or,
in
1,000.00
or both.
say so and no more.
�Com
V
Tom Ware
Charge
to the Jury
�INST3UCTIOJNO._ fJ..
fendant
The
ourt
tried
to make an escane under the circumstances
shown by
and creates
·
in this case ridses/no
presumption of guilt against
the ev·dence
him.
LAW OFFICES
CURRY AND CARTER
STAUNTON, VA.
instructs
the jury that
the fact th@ t the de-
�J.
,.
r
r
fJ
[
�~
INSTRUCTION
The Court
evidence
fendant
the
in this
without
evidence
did believe
danger
Turner,
rilled
1
that
instructs
case
that
the
justification,
and that
then
•
jury
that
deceased,
and if
the defendant
or great
I~
the
from aP uearances
of death
him,
NO.
bodily
the
defendant,
the
jury
if they believe
Andrew Turner,
the
jury
had reasonable
that
so believing,
ought to find
the
shot
the
further
believe
grounds
to believe
he was in actual
harm at the
from the
de-
from
and imminent
hands of the deceased,
shot
said
defendant
Turner
not guilty.
and
and
�oD
J
e rl:t
e
,.
"f
.,,
r •
a··
;t
r.JO
'l
t,
l
�Ir STRUCTI
Te
al
b 0
Court
inst
of the evidence
1bt
as to · other
dn11t not
i ty.
cts
in this
d fen e cs de.1.'inod in
def
WO. /(_
o
the
ca"e,
not t
no · e1: inst
jur~
they
that
if,
after
considering
sho ld entertu
defend
nt
cted
ction,
then they
n n reasonin
m st
lffind
tbc
�r . r?'~
..
'
.
�~il'~d
I
tf'lfl,I
'"'
...Instruction
The Court instructs
Noo_/,/;c
the jury that all th
evidence 1n this
11
case offered by the Cornmonv:ealthto show or to tend to show that'
improper relations
William
is immaterial and should not be considered or given any
weit;ht by the jury.
LAW OFFICES
CURRY AND CARTER
STAUNTON, VA.
existed between the defendant and Nettie
�r
---...- ., -
-------
�0 ..
The Court instructs
the jury th~t although they should be-
lieve from tte evidence in this case trat
improper relations
existed between the defendant and Nettie TTilliems. the 8ourt,
nevertheless,instructs
the jury that this was no personal con-
cern of the deceased end did not warrant him is assaulting
or
shooting the defendant when he found the defendant and Nettie
TTilliams on his land and believed that he and I'Jettie f!illiams
ere associating
together~
�•.,
. t
r
r
J
,,
,,
,
;
t
'
.
'•' ,_ J , ' 1 j, ,, '
. - t
01ltoode.
a sir Ii:
n
bn:aI
lrf no
r
•
,I!..
J
·-.,,.
t
l.
mai:ia-,ii
'"·
�The Court instructs
ant was stBndin;
warr:mt
.lUrner
on the la rrl
in shooti~
ed b.v the defendant
defendant.
LAVI OFFICES
CURRY AND CARTER
STAUNTON, VA.
the jury
that
the fact that
f the decdased,
the de,endant;
Turner,
the defend
did rj.ot
nor did any words utter-
give Turner the ri ;ht to assault
or shoot
the
1
-
��W
-~:'...t1
~-
ft'VY' •
I
Instruct
C{,
The court
instructs
by the law in Virginia
in the second degree.
ion No.
the
as murder
jury
6that
murder
in the first
is distinguished
degree
and murder
��Instruction
defense
the plea
The Court
instructs
is relied
upon in a trial
of self
was without
case
defense
fault
the necessity
out of the prisoner's
the
/j- .
jury
that
where the plea
for murder,
is not available
in bringing
relied
No.
about
own misconduct.
the law is that
to a party
the difficulty,
upon to excuse
of self
the ki+ling
unless
and,
he
in any
must not arise
�I
�•-J--
INSTJUCTIONNO
The Gourt instructs
the evidencein
tr.is case
against
tre
Nettie
lilliams,
that
and ifnthey
intended
told
give
this
evidence
rad feeling
friend,
Tom Looker,
the defendant
i
th2t
the other
to-~ether
that he (the
fhe dece~sed
evidence
de-
ever;
with Nettie
the jury should
with all
with
from fhe Uf:.Revidence
1
Villi:=.nn
consider
this
in the case and to
such weight as the_y deem fair
it
that
of his sup,.,osed .?Ssociation
16urther believe
the jury
with all
they have considered
the case.
the deceased
tbn the deceased'~premises
then the Court tells
together
his
to ~hoot
found fhe defBndant
evidenle
shows that
dAfendant bec2use
the deceased
ceased)
the jury thP.t if they believe
and just,
the other
evidende
when
in
�.
r
.
I
�,INSTRUJTIOH
HO. H
The Court instructs
the jury that
the defend2nt,
if they believe
evidence
1n t1 is case that
the line
fence between the lands of the deceased
from the
Ware, was standing
and LizzB
worth and on the 7urner side of the fence and was talking
Jackson who was on the opposite
Saturday,
June 4th,
and his brother,
1932; and that
the deceased,
and that Andrew Turner,
;'hat is going on in the Hollandsworth
sa'd
there was nothing
ceased,
plied
the Hollandsworth
house) and that
to believe
death or great
o
the defendant,
that
don't
a
end
asked
'"'am Jac1.son
the de-
"Who is in there".
the defendant
re-
damn; and that
the
care a damn"? .end
in the arm and then shot hi
believing
he was in actual
andhavang reasonable
and imminent danger
bodily harm at the hands of the deceased,
gun and sr.ot Turner,
guilty
."OU
and shot the defendant
in the body and that
the deceased,
to the defendant
de.ceased Turner then said "You say
grounds
Andrew Turner»
hous e 11 and that
that he did not lmow and did not care
drew his pistol
to Sam
on the nii;ht of
going on that he knew of and that
.Andrew Turner then said
(referringto
Hollan s
Kemper Turner came up to where the defendant
Jackson w e.1.·e talking;
11
side of the fence,
at
then the jury ought
m
of
drevr hie
find the defendant
not
�r
1
•
��_;
���COM.MONi/VEALTH
OF VIRGINIA,
COU:?TY OF ROCKINGHA:! , to- . it :
In the
Circuit
I
Court
of said
The granci
for
the
body of the
said
Court
at
that
Tom ,are,
feloniously
the
peace
nesses
evidence.
of the
county
of Rockingham,
June
kill
and dignity
term,
4th
in Court
1932,
State
of the
is
sent
in and
and nov, attending
their
1932,
oaths
of Vi
found
testimony
before
said
6
inia.
of Kem.:1er
and. C. R.
Fawley,
the
jury
gr&nd
county
against
Commonwealth
on the
pre;::,ent
in the
or.le Andrew Turner,
i-Jet l,ie Williams·,
an
of Vir~inia,
upon
day of June,
ano murder
in_ictm.cnt
SaJI Jackson~
svmrn
jurors
on the
did
This
Turner,
its
County:
wit-
to give
�;,-----
Murder
1
l
Commonv:edlth
I:r-1clictment
vs)
1.·:are
Tom
~
1~ ~ 1
Feldmy
June
I~~ 'i
ii
term,
1932.
A True Bill:
~
'4
l 1~
'-
1
"
{
~ .\\
-
"
\J
~, ~
')
Witnesses:
Tur11er~
Jackson
:r:ettie Williams
C. h. Fawley
Kern,,er
Sar
4~
'---\.
D.
\..
Cowmon~e~lth
)
lj
j
Ea,,·man
1d
Attorney
�Ir
�l
ij
11
t1
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Criminal Court: Criminal Cases
Description
An account of the resource
This series contains all criminal cases heard in Rockingham County from 1820 to 1971. The historical context contained within these records is rich, and one can expect to learn about various aspects concerning the social, cultural, and political climate of the day.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
1820-1971; currently digitized: 1820-1930.
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
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PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1932
Title
A name given to the resource
Commonwealth v. Tom Ware
Subject
The topic of the resource
Felony
Murder
Description
An account of the resource
Defendant charged with felony murder.
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Format
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PDF
Identifier
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CCR001_012_005
Turner
Ware