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Murder in the Virginia Gazette, 1900 - 1912

Murder Defined

Murder itself is a very serious and therefore sensational crime. Unlike theft or assault, Murder is not a crime that can be undone by action nor healed by the passage of time. As such, the state of Virginia’s laws concerning murder, or the taking of any life beyond the context of self defense very seriously. Virginia law in the time period being analyzed drew no initial distinction between the accidental and purposeful taking of life. To Quote the law at the time as archived by HeinOnline.org “Presumption as to degree-Onus probandi- Every homicide is prima facie murder in the second degree, and in order to raise the offence to murder in the first degree the commonwealth must assume the burden of proving the elements of that crime On the other hand, in order to reduce the offence from murder in the second degree to manslaughter the burden is cast on the accused”