Freeman v. Commonwealth
Freeman v. Commonwealth
Opinion of the Court
delivered the opinion of the court.
The case made by the Commonwealth was as follows: Freeman was a married man, and in October, 1919, made the acquaintance of Willie Bradshaw, the deceased, who was a good looking but fast young woman. She was his mistress and he furnished her money and supplies. She had a pistol which she frequently carried in her bosom and Freeman knew this, but on the day of the homicide the pistol was in her trunk. The homicide occurred on Sunday, July 20, 1920. On the previous Friday night, Freeman, together with A. J. Roberts, was on his way to the Bradshaw house, and when in sight of the Bradshaw house they saw Charlie Peters go into the house, whereupon Roberts decided to go no further and advised Freeman not to go, but Freeman replied “I am going up' and if you see me coming off the hill with my gun and hat in my hand you can say something is up.” On the following Sunday, Freeman went to the Bradshaw house and walked up to the door of the kitchen in which were Willie Bradshaw and Charlie Peters and said “hello folks” and Willie replied “come in.” Freeman immediately drew his pistol and fired three shots at Willie Bradshaw, two of which took effect in the back of the head and one in the back just below the left shoulder blade, and she died immediately. Peters had taken refuge under the kitchen table, but when the mother of Willie Bradshaw rushed into the room Peters raised up and Freeman leveled his pistol at him, but Mrs. Bradshaw
The order of introduction of testimony lies largely in the discretion of the trial court, and in this case that discretion was not abused. The subject is fully discussed in the recent case of Robertson’s Ex. v. Atlantic Coast Realty Co., 129 Va. 494, 106 S. E. 521. See also Burks v. Commonwealth, 126 Va. 769, 101 S. E. 230.
The trial court was plainly right in all of its rulings.
Affirmed.
Reference
- Full Case Name
- Floyd Freeman v. Commonwealth
- Status
- Published
- Syllabus
- 1. Homicide — Evidence—Sufficient to Sustain a Verdict of Murder —Self Defense. — In the instant case accused was found guilty of the murder of his mistress, and the evidence was held sufficient to support the conviction notwithstanding accused’s testimony that he killed deceased in self defense. 2. New Trials — 'After-Discovered Evidence — Diligence.—An affidavit of an undertaker as to the position and number of shot wounds on the body of deceased, if true, will not support a motion for a new trial on the ground of after-discovered evidence, as the facts should have been ascertained and proved at the trial. S. Order of Proof — Discretion of Court — Case at Ba/r. — The order of introduction of testimony lies largely in the discretion of the trial court, and in the instant case that discretion was not abused, where, after evidence was all in, and the case adjourned to the next day to hear argument, the Commonwealth on that day was permitted, over the objection of the accused, to introduce an additional witness as to the number and location of the wounds on the person of the deceased.