Category: Virginia Supreme Court Opinions

171 S.E.2d 243 DAVID LEON BROOKS v. C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 42271 Record No. 6916.Supreme Court of Virginia. December 1, 1969 Present, All the Justices. (1) Criminal Procedure — Speedy Trial — New Indictment. (2) Criminal Procedure — Speedy Trial — Waiver. (3) Habeas Corpus — Substitute for Appeal. (4) […]

28 S.E.2d 687 LAWRENCE POWELL v. COMMONWEALTH OF VIRGINIA. 38162 Record No. 2796.Supreme Court of Virginia. January 24, 1944. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. JURY — Separation — General Rule. — In Virginia, except as it is modified by statute, the common-law practice which requires that the […]

64 S.E.2d 727 ROBERT O. CROSS v. COMMONWEALTH OF VIRGINIA. 39105 Record No. 3794.Supreme Court of Virginia. May 7, 1951 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Miller and Smith, JJ. (1) Rape — Evidence — Circumstantial Evidence. (2) Evidence — Weight and Sufficiency — Circumstantial Evidence — Where All Circumstances Concur in Pointing […]

104 S.E.2d 788 CONSTANCE J. ROBINSON, SUSIE J. WILLIAMS AND MORRIS R. JOHNSON v. R. D. PETERSON AND LEANDERTON PETERSON. 40002 Record No. 4815.Supreme Court of Virginia. September 10, 1958 Present, Eggleston, C.J., and Spratley, Buchanan, Miller, Whittle and Snead, JJ. (1) Real Property — Boundary Dispute — Private Survey Held Inadmissible. (2) Real Property […]

71 S.E.2d 368 JODIE BAILEY v. COMMONWEALTH OF VIRGINIA. 39254 Record No. 3973.Supreme Court of Virginia. June 16, 1952 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Abatement, Survival and Revival — Plea in Criminal Cases — Filing after Withdrawal of Plea in Bar within Discretion of Court. (2) Criminal Procedure […]

139 S.E.2d 107 GLENN W. FRYE v. W. K. CUNNINGHAM, JR., SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 41598 Record No. 5679.Supreme Court of Virginia. November 30, 1964 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. Habeas Corpus — Conviction of Murder on Manslaughter Indictment — Writ Denied because Order Voidable Only. Frye […]

369 S.E.2d 185 ABDUL WALID KARIM, ETC., ET AL, v. CHARLES GROVER, ET AL. 45656 Record No. 850863Supreme Court of Virginia. June 10, 1988 Present: All the Justices The trial court erred in striking the plaintiffs’ evidence on the ground that, as a matter of law, the infant plaintiff was guilty of negligence that was […]

180 S.E.2d 500 GEORGE P. JACKSON v. RACHEL JACKSON. 42479 Record No. 7399.Supreme Court of Virginia. April 26, 1971 Present, All the Justices. Divorce — Alimony — Property Rights. Parties to marriage owned house as tenants by the entirety, which estate was converted to a tenancy in common by entry of divorce decree. Since property […]

327 S.E.2d 98 LINCOLN NATIONAL LIFE INSURANCE COMPANY v. COMMONWEALTH CORRUGATED CONTAINER CORPORATION 44772 Record No. 820117Supreme Court of Virginia. at Richmond Decided March 8, 1985 Present: All the Justices Insurance coverage upheld upon construction that hospitalized executive in closely held business was “actively at work” when policy became effective. Insurance — Contracts — Coverage […]

363 S.E.2d 703 NATIONWIDE MUTUAL INSURANCE COMPANY v. RHONDA LYNN SCOTT, ET AL. 45515 Record No. 850389Supreme Court of Virginia. January 15, 1988 Present: All the Justices A trial court decision construing the statute which includes “underinsured motorist” coverage in “uninsured motorist” endorsements in automobile insurance policies is affirmed because the General Assembly did not […]

321 S.E.2d 273 ALBERT J. CLOZZA v. COMMONWEALTH OF VIRGINIA 44689 Record No. 832053.Supreme Court of Virginia. September 7, 1984. Present: All the Justices. A sentence of death for capital murder under Code Sec. 18.2-31(e) (rape-murder) is sustained; various evidential and other issues. (1) Criminal Procedure — Capital Murder — Voir Dire — Jury — […]

643 S.E.2d 151 Joseph G. Petrosinelli v. PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. Record No. 061785.Supreme Court of Virginia. April 20, 2007. Present: All the Justices. An animal rights activist group brought two civil cases against, among others, the principal of an entertainment company that owns and operates a circus. Despite three prior […]

710 S.E.2d 733 COMMONWEALTH OF VIRGINIA v. DAVID ELWOOD McNEAL, SR. Record No. 101933.Supreme Court of Virginia. June 9, 2011. Appeal from the Court of Appeals of Virginia. Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Lacy and Koontz, S.JJ. OPINION BY CHIEF JUSTICE CYNTHIA D. KINSER. David Elwood McNeal, Sr., was convicted […]

23 S.E.2d 761 WILLARD STORES, INCORPORATED v. CHARLES A. CORNNELL, ADMINISTRATOR, ETC. Supreme Court of Virginia. Richmond Record No. 2602. January 18, 1943. Present, Campbell, C.J., and Gregory, Browning, Eggleston and Spratley, JJ. 1. NEGLIGENCE — Burden of Proof — To Show Primary Negligence and Proximate Cause. — Before plaintiff is entitled to recover on […]

213 S.E.2d 757 MARY LOUISE BURTON v. COMMONWEALTH OF VIRGINIA. 43189 Record No. 740869.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. Drug Distribution — Accommodation — Intent. Accused delivered prisoner’s clothing to him. Drugs had been concealed in clothing. Although possession was established, accused denied any knowledge of the drugs. Witnesses testified […]

43 S.E.2d 831 CLARENCE FRED KRUMMERT v. COMMONWEALTH OF VIRGINIA. 38606 Record No. 3253.Supreme Court of Virginia. September 3, 1947 Present, All the Justices. 1. STATUTES — Construction — Court Follows Purpose of Legislature. — In the construction of constitutional statutes, the Supreme Court of Appeals follows where it can the purpose of the Legislature. […]

277 S.E.2d 170 ROBERT B. PLEASANTS v. GERTRUDE L. PLEASANTS 44094 Record No. 790583.Supreme Court of Virginia. April 24, 1981 Present: All the Justices. A deed should be reformed to reflect the clear intent of the parties to take a tenancy by the entirety; the property having been sold and the parties having been divorced […]

1 S.E.2d 255 SOUTHERN RAILWAY COMPANY v. LEWIS S. CAMPBELL Supreme Court of Virginia. Richmond Record No. 2031 February 20, 1939 Present, All the Justices 1. APPEAL AND ERROR — Evidence — Evidence of Party Prevailing in Trial Court Accepted as True. — Where there has been a verdict for plaintiff approved by the trial […]