Foy v. Commonwealth
Foy v. Commonwealth
Opinion of the Court
after making the foregoing statement, delivered the following opinion of the court.
The first assignment of error is that the trial court refused to allow a witness for the Commonwealth to be asked on cross-examination the question: “What is your religious, faith?”
It is urged in argument for the accused that the object of the question “was to show that if the witness was of a certain religious faith, he was not properly sworn, and,, therefore, was not under oath, and that his testimony was. not evidence.”
It is well settled that an assignment of error to the refusal of the trial court to allow a witness to answer a question will not be considered on appeal, unless the record shows what answer was expected. Washington, etc., Co. v. Goodrich, 110 Va. 692, 66 S. E. 977, and a number of other Virginia cases on the subject which might be cited.
The case will be affirmed.
Affirmed.
Reference
- Full Case Name
- O. V. Foy v. Commonwealth
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Assignment op Error—Refusal of Trial Court to Allow Witness to Answer—A.nswer Expected.—An assignment of error to the refusal of the trial court to allow a witness to answer a question will not be considered on appeal, unless the record shows what answer was expected. 2. Assignment op Error—Refusal of Trial Court to Allow Witness to Answer—Answer Expected,—Religious Belief.—In the instant case it was assigned as error that the trial court refused to allow a witness for the Commonwealth to be asked on cross-examination the question, “What is your religious faith?” It was urged that the object of the question was to show that if the witness was of a certain religious faith, he had not.been properly sworn. The record did not disclose how the witness was sworn, nor show what answer the witness would have made. Held: That there was no error in the action of the lower court. S. Criminal Law—Arraignment and Plea—Misdemeanor Cases.— Under section 4889, Code of 1919, no arraignment or plea of the accused is necessary in a misdemeanor case.