Category: Virginia Supreme Court Opinions

51 S.E.2d 159 ANDREW W. SMITH, ETC. v. W. E. PIPPIN. 38805 Record No. 3411.Supreme Court of Virginia. January 10, 1949 Present, Hudgins, C.J., and Gregory, Eggleston, Buchanan, Staples and Miller, JJ. 1. APPEAL AND ERROR — Proceedings on Review — Weight to Which Binding of Lower Court Is Entitled Where Court Hears Evidence — […]

323 S.E.2d 73 CHARLES THOMAS WILLIAMS v. COMMONWEALTH OF VIRGINIA 44716 Record No. 831620.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. Defendant’s Instruction “E” in involuntary manslaughter case, concerning proximate cause of the death of decedent by decedent’s own condition and actions, assumed deceased was intoxicated. This issue was a matter for […]

148 S.E.2d 878 JAMES C. HAMMER v. COMMONWEALTH OF VIRGINIA. 01020 Record No. 6154.Supreme Court of Virginia. June 13, 1966 Present, All the Justices. (1) Criminal Procedure — Confessions — Admissible Though Obtained Without Aid of Counsel. (2) Criminal Procedure — Confessions — Defendant Legally Detained at Time. (3) Criminal Procedure — Confessions — Confession […]

225 S.E.2d 354 REX ALLEN GARDNER v. COMMONWEALTH OF VIRGINIA. 43372 Record No. 750910.Supreme Court of Virginia. June 11, 1976 Present, All the Justices. Drugs — Instruction — Accommodation Distribution. Evidence supported request for accommodation distribution instruction. There was evidence that sale of LSD was consummated only by another and that accused neither received nor […]

620 S.E.2d 758 VICTOR RAY McALEVY v. COMMONWEALTH OF VIRGINIA. Record No. 042894.Supreme Court of Virginia. November 4, 2005. Present: All the Justices. Defendant offered to sell certain farm equipment to a third party who believed his representation that the owner had given defendant permission to dispose of the property. In truth, defendant had no […]

11 S.E.2d 732 W. R. MUMPOWER v. HOUSING AUTHORITY OF THE CITY OF BRISTOL AND CITY OF BRISTOL. Supreme Court of Virginia. Richmond Record No. 2345. November 26, 1940. Present, Campbell, C.J., and Holt, Hudgins, Gregory, Eggleston and Spratley, JJ. 1. JUDICIAL NOTICE — Matters of Common Knowledge — That Slum Areas Breed Crime and […]

146 S.E.2d 211 H. D. GILLESPIE v. PORTER N. HAWKS AND FAITH KNIGHT. 41774 Record No. 6110.Supreme Court of Virginia. January 17, 1966 Present, All the Justices. (1) Deeds — Deed Held Not Fictitious. (2) Real Estate — Adverse Possession — Grantor’s Possession Not Proved Adverse to Grantee. 1. Gillespie, alleging ownership of a five-acre […]

164 S.E.2d 699 MARTIN CARDWELL, JR. v. COMMONWEALTH OF VIRGINIA. 42147 Record No. 6847.Supreme Court of Virginia. December 6, 1968 Present, All the Justices. (1) Criminal Law — Larceny — Sufficiency of Evidence — Accomplice. (2) Criminal Procedure — Admission — Miranda Standards. 1. Co-defendant testified that defendant accompanied him to Tennessee where he participated […]

192 S.E.2d 754 JAMES E. SHEPHERD v. CLINCHFIELD COAL COMPANY. 42796 Record No. 8052.Supreme Court of Virginia. November 27, 1972 Present, Snead, C.J., Carrico, Harrison, Cochran, Harman and Poff, JJ. Workmen’s Compensation — Preexisting Condition — Waiver. Controlled by Williams v. Clinchfield Coal Co., infra. Appeal from an award of the Industrial Commission of Virginia. […]

58 S.E.2d 529 WILBUR C. HALL, ADMINISTRATOR, ETC. v. J. K. BRIGSTOCKE, ET AL. 38947 Record No. 3560.Supreme Court of Virginia. January 16, 1950 Present, All the Justices. (1) Wills — Probate — Jurisdiction Is Purely Statutory — Judgment Not Subject to Collateral Attack. (2) Wills — Contest — Determination of Validity of Will in […]

235 S.E.2d 306 PHILLIP LACY MATTHEWS v. COMMONWEALTH OF VIRGINIA. 43531 Record No. 761341.Supreme Court of Virginia. June 10, 1977 Present: All the Justices. Warrantless Search and Seizure. Search and Seizure — Automobile Stopped for Speeding — Rational Belief Justifying Search for Controlled Drugs. Police officer, stopping defendant for speeding in automobile, saw cigarette papers […]

403 S.E.2d 335 SYLVIA G. CARMEL v. CITY OF HAMPTON 46854 Record No. 901272Supreme Court of Virginia. April 19, 1991 Present: All the Justices Since the purported amendment to a city’s zoning ordinance was valid. the trial court’s dismissal of a declaratory judgment proceeding against the city is reversed and the case remanded. Zoning — […]

449 S.E.2d 55 MARILYN GIBSON KELLEY v. DAVID ALLEN KELLEY 49638 Record No. 931522Supreme Court of Virginia. September 16, 1994 Present: All the Justices The trial court’s holding that a provision of a property settlement agreement, which was ratified, affirmed and incorporated by reference into a divorce decree, is void because it involves the rights […]

50 S.E.2d 428 CHRISTOPHER COLUMBUS McMILLAN v. COMMONWEALTH OF VIRGINIA. 38769 Record No. 3428.Supreme Court of Virginia. November 22, 1948 Present, All the Justices. 1. PANDERING — Sufficiency of Evidence — Case at Bar. — In the instant case, a prosecution for pandering, the girl in question testified that accused, an employee of a hotel, […]

75 S.E.2d 609 WILLIE H. BRADSHAW, ET AL. v. ETHEL M. BANGLEY, ET AL. 39360 Record No. 4069.Supreme Court of Virginia. April 20, 1953 Present, All the Justices. (1) Wills — Revocation — Principles Stated. (2) Wills — Construction — Partial Intestacy Not Favored. (3) Wills — Two Testamentary Papers Read Together to Effect Testator’s […]

145 S.E.2d 200 PASQUALE PASANELLO v. COMMONWEALTH OF VIRGINIA. 41767 Record No. 6086.Supreme Court of Virginia. November 29, 1965 Present, All the Justices. (1) and (2) Larceny — Concealing Stolen Goods — Corpus Delicti Proved. (3) Conspiracy — Act of Co-Conspirator Admissible Against Confederate. (4) and (5) Indictments — Time of Committing Crime — Variance […]

404 S.E.2d 222 FRANK A. MIKA, ET AL. v. PLANTERS BANK TRUST COMPANY OF VIRGINIA 46848 Record No. 900844Supreme Court of Virginia. April 19, 1991 Present: All the Justices Since the trial court erroneously admitted into evidence a letter written by the holder of a credit card who did not testify at the trial of […]