Category: Virginia Supreme Court Opinions

337 S.E.2d 264 JERRY WAYNE HOPKINS v. COMMONWEALTH OF VIRGINIA JERRY WAYNE HOPKINS v. COMMONWEALTH OF VIRGINIA 44870 Record No. 840660 Record No. 840745Supreme Court of Virginia. November 27, 1985 Present: All the Justices A murder conviction appealed on the limited question of whether the trial court erred in admitting certain evidence identifying the murder […]

247 S.E.2d 698 WILLIAM P. RYAN v. COMMONWEALTH OF VIRGINIA 43722 Record No. 771589.Supreme Court of Virginia. October 6, 1978 Present: All the Justices. Evidence supports finding by jury of oral penetration in sodomy conviction under Code Sec. 18.2-361; judicial notice proper of accuracy of time and tide chart showing sunrise on day preceding crime: […]

568 S.E.2d 671 WELLMORE COAL CORPORATION v. HARMAN MINING CORPORATION, ET AL. Record No. 011755.Supreme Court of Virginia. September 13, 2002. Present: All the Justices. A lengthy jury trial involving a coal supply contract resulted in a $6 million verdict. When the attorneys could not agree upon the terms of the final order, the trial […]

95 S.E.2d 221 LONG’S BAGGAGE TRANSFER COMPANY, INCORPORATED v. NANNIE MOORE. 39807 Record No. 4583.Supreme Court of Virginia. November 26, 1956 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. Carriers — Negligence — Selection of Route By Cab Driver Not Proximate Cause of Accident. Plaintiff was injured when the cab of […]

435 S.E.2d 382 CITY OF VIRGINIA BEACH v. BOARD OF SUPERVISORS OF MECKLENBURG COUNTY, ET AL. 48833 Record No. 921204Supreme Court of Virginia. September 17, 1993 Present: All the Justices The trial court erred in entering a summary judgment declaring that the city was required to secure the counties’ consent to its use of part […]

28 S.E.2d 705 W. W. SPRUILL v. JOHN C. SHIRLEY. 38163 Record No. 2724.Supreme Court of Virginia. January 24, 1944. Present, Campbell, C. J, and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. VENDOR AND PURCHASER — Damages for Breach of Performance — Where Vendor Acts in Good Faith. — Where the vendor contracts to […]

155 S.E.2d 335 C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY v. JERRY E. CHRISTIAN. 41976 Record No. 6432.Supreme Court of Virginia. June 12, 1967 Present, All the Justices. (1) Criminal Procedure — Void Judgment — Credit for Time Served. (2) Criminal Procedure — Term of Confinement Computed from Date of Sentence. (3) Criminal […]

93 S.E.2d 127 HELEN WHITLOW v. COMMONWEALTH OF VIRGINIA. 39747 Record No. 4528.Supreme Court of Virginia. June 18, 1956 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Smith and Whittle, JJ. Automobiles — Conviction under Hit and Run Statute — Not Supported by Evidence. Evidence for the Commonwealth showed that a boy riding a bicycle […]

335 S.E.2d 257 E. B. Rudiger Sons, Inc., Appellant, against Hanckel-Smith Sales Company, Inc., Appellee. 44865 Record No. 841895Supreme Court of Virginia. September 25, 1985 ORDER VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Wednesday the 25th day of September, 1985. Upon an appeal […]

231 S.E.2d 236 KATHERINE K. VOTSIS v. WARD’S COFFEE SHOP, INCORPORATED, AND BUD’S SUPER MARKET, INC. 43474 Record No. 751460.Supreme Court of Virginia. January 14, 1977 Present, Carrico, Harrison, Cochran, Harman, Poff and Compton, JJ. (1) Pleading and Practice — Demurrer. (2) Cities — Sidewalks — Non-delegable Duty. (3) Sidewalks — Abutting Property Owner. 1. […]

377 S.E.2d 372 NORA F. SWINEY, ADMINISTRATRIX, ETC. v. ANDREW OVERBY 45900 Record No. 870188Supreme Court of Virginia. March 3, 1989 Present: All the Justices Admission of experts’ opinions on stopping distances was error since the actual condition of a truck’s brakes was not in evidence, and where missing variables exist, experts’ opinions are inadmissible […]

110 S.E.2d 395 FANNIE LOU HARMAN COLLINS, ET AL. v. PULASKI COUNTY, ET AL. 41034 Record No. 5074.Supreme Court of Virginia. October 12, 1959 Present, All the Justices. From the Circuit Court of Pulaski county. Hon. Jack M. Matthews, judge presiding. Judgment reversed and remanded. Eminent Domain — Commissioner’s Bias Presumed on Facts — Award […]

234 S.E.2d 62 JOHN MARTIN v. COMMONWEALTH OF VIRGINIA. 43505 Record No. 760845.Supreme Court of Virginia. April 22, 1977 Present, All the Justices. (1) Criminal Procedure — Exclusion of Witnesses. (2) Criminal Procedure — Instructions — Degrees of Attempted Murder. 1. Under amended statute, upon motion of defendant, trial court shall exclude every witness during […]

66 S.E.2d 479 CITY OF NORFOLK v. JOHN W. KEY. 39149 Record No. 3800.Supreme Court of Virginia. September 5, 1951 Present, Eggleston, Spratley, Buchanan, Miller, Smith and Whittle, JJ. (1) Statutes — Construction — Liberal Construction — Disability Insurance to Employees in Public Service. (2) Municipal Corporations — Pensions and Relief Funds for Employees — […]

683 S.E.2d 553 WILLIAM CHARLES MORVA v. COMMONWEALTH OF VIRGINIA. Record Nos. 090186 and 090187.Supreme Court of Virginia. September 18, 2009. Present: All the Justices. Defendant, who was incarcerated on other charges, claimed a need for medical attention. While being taken for treatment he physically assaulted the officer transporting him, grabbed the officer’s gun, and […]

140 S.E.2d 638 ROSS OAKLEY JOHNSON v. TOWN OF DAMASCUS. 41630 Record No. 5890.Supreme Court of Virginia. March 8, 1965 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Appeal and Error — Designation of Material to Be Printed — Requirement Explained. (2) Drunk Driving — Conviction Supported by the Evidence. (3) […]

234 S.E.2d 275 FRANK McCUTCHAN, JR., INDIVIDUALLY v. A. CAMPBELL HEIZER,[1] ET AL., EXECUTORS, ETC., ET AL. 43522 Record No. 760470.Supreme Court of Virginia. April 22, 1977 [1] Other than in the bill, and other court papers, this name is spelled “Hizer”. Present, All the Justices. Wills — Holograph — Animus Testandi. Decedent had valid […]