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VIRGINIA DECISIONS.

CASH

v.

COMMONWEALTH.

(Supreme Court of Appeals of Virginia, Jan. 17, 1895.)

[20 S. E. Rep. 893.]

Criminal Law-Homicide-Review on Appeal.

Where the record shows that the defendant pleaded "Not guilty," the supreme court will disregard an exception that the prisoner was tried without a plea.

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The evidence showed that the murder for which the defendant was convicted was committed on a farm in the county wherein the accused was tried: held, that the venue was proved.

Same-Verdict Contrary to Weight of Evidence-New Trial.*

On a trial for murder, where some evidence has been given which tends to prove the fact in issue, or the evidence consists of circumstances and presumptions, a new trial will not be granted merely because the court, if upon the jury, would have given a different verdict. To warrant a new trial in such cases, the evidence should be plainly insufficient to warrant the finding of the jury.

Appellate Practice—Evidence Certified-Rule of Decision.t

Where the evidence is certified, and not the facts proved, under section

*Verdict Contrary to Weight of Evidence-New Trial.

For the rule as to when the court will grant a new trial on the ground that the verdict is contrary to the weight of the evidence, see a large collection of cases in a foot-note to Blosser v. Harshbarger, 21 Gratt. 214 (Va. Reps. Anno.), where the principal case is cited.

+Appellate Practice-Evidence Certified-Rule of Decision.

For the proposition that where, under sec. 3484 of the Code of 1887, the

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