Category: Virginia Supreme Court Opinions

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 […]

301 S.E.2d 28 JAMES LEONARD WALKER v. COMMONWEALTH OF VIRGINIA 44437 Record No. 820622.Supreme Court of Virginia. March 11, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson,[*] and Stephenson, JJ., and Harrison, Retired Justice. [*] Justice Thompson participated in the hearing and decision of this case prior to the effective date of his retirement on […]

587 S.E.2d 523 DEENA ANNE ESTEBAN v. COMMONWEALTH OF VIRGINIA. Record No. 022524.Supreme Court of Virginia. October 31, 2003. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Compton, S.J. Defendant, a public school art teacher, brought a canvas bag containing a loaded .38 caliber revolver to school grounds and left it in […]

646 S.E.2d 182 John Allen Muhammad, Petitioner, v. Warden of the Sussex I State Prison, Respondent. Record No. 061428.Supreme Court of Virginia. June 12, 2007. Upon a Petition for a Writ of Habeas Corpus. Upon consideration of the petition for a writ of habeas corpus filed July 31, 2006, the respondent’s motion to dismiss, and […]

66 S.E.2d 854 PHILIP W. PEPOON v. COMMONWEALTH OF VIRGINIA. 39160 Record No. 3894.Supreme Court of Virginia. October 8, 1951 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Smith and Whittle, JJ. (1) Evidence — Res Gestae — Criminal Prosecutions — Theory upon Which Declarations Admissible. (2) Evidence — Res Gestae — Criminal Prosecutions — […]

248 S.E.2d 814 FLOYD A. HARGRAVES v. COMMONWEALTH OF VIRGINIA 43740 Record No. 780213.Supreme Court of Virginia. November 22, 1978 Present: All the Justices. Defendant waives right to rely an motions to strike by introducing evidence on his own behalf when Commonwealth permitted to reopen and present additional evidence; order of proof is a matter […]

111 S.E.2d 285 R. E. GARDNER, ETC., ET AL. v. LOUIS P. WORRELL, ET AL. 41041 Record No. 5011.Supreme Court of Virginia. November 30, 1959 Present, All the Justices. Wills — Language Held to Create Estate in Fee — Remainder Over Void. By his holographic will testator bequeathed his property to his wife, to do […]

188 S.E.2d 77 JOHN LESTER YORKE, JR. v. COMMONWEALTH OF VIRGINIA. 42687 Record No. 7840.Supreme Court of Virginia. April 24, 1972 Present, All the Justices. (1) Indecent Exposure — Sufficiency of Evidence. (2) Criminal Procedure — Exclusion of Witnesses. 1. On review after conviction, evidence viewed in light most favorable to Commonwealth is sufficient to […]

90 S.E.2d 124 C. B. MILLS v. VIRGINIA ELECTRIC AND POWER COMPANY. 39802 Record No. 4411.Supreme Court of Virginia. November 28, 1955 Present, Eggleston, Spratley, Buchanan, Miller and Smith, JJ. (1) Workmen’s Compensation — Weight Given Commission’s Finding of Fact. (2) Workmen’s Compensation — Wilful Misconduct by Employee Defined. (3) Workmen’s Compensation — Wilful Misconduct […]

104 S.E.2d 800 FRED A. HAYCOX, ALBIN R. MAILHES, AND THE BEACH PUBLISHING CORPORATION, A VIRGINIA CORPORATION v. J. WILLCOX DUNN. 40005 Record No. 4799.Supreme Court of Virginia. September 10, 1958 Present,[*] , and Spratley, Buchanan, Miller, Whittle and Snead, JJ. [*] Former Chief Justice Hudgins sat during the argument of this case and before […]

191 S.E.2d 232 RICHARD WARREN LEWIS v. COMMONWEALTH OF VIRGINIA. 42758 Record No. 7936.Supreme Court of Virginia. September 1, 1972 Present, Snead, C.J., I’Anson, Carrico, Harrison, Cochran and Harman, JJ. Forgery — Signature Must be Proved Unauthorized. Evidence that body and signature of check purportedly made by Harris were in Lewis’ handwriting is not sufficient […]

160 S.E.2d 573 JULIUS A. WILLIAMS v. CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT, ET AL. 42067 Record No. 6576.Supreme Court of Virginia. April 22, 1968 Present, All the Justices. Labor Relations — Severance Pay — Motion to Strike. Defendant made provision for severance pay to keep employees on job and ferries operating until Bridge-Tunnel opened […]

39 S.E.2d 355 BLANCHE GREEN LARKIN v. JENNIE GREEN WRIGHT. 38480 Record No. 3095.Supreme Court of Virginia. September 11, 1946. Present, All the Justices. 1. REMAINDERS, REVERSIONS AND EXECUTORY INTERESTS — Right of Remaindermen to Convey. — Under section 5147 of the Code of 1942 and the decisions of the Supreme Court of Appeals, the […]

121 S.E.2d 513 ERNEST EUGENE DAVIS v. ELSIE LEE SYKES. 41257 Record No. 5269.Supreme Court of Virginia. September 8, 1961 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Automobiles — Assumption of Risk — Doctrine Inapplicable. (2) Automobiles — Instruction Defendant Not Intoxicated — Refused Where Issue Not In Case. (3) […]

223 S.E.2d 901 MIDWEST MUTUAL INSURANCE COMPANY v. THE AETNA CASUALTY AND SURETY COMPANY. 43367 Record No. 750401.Supreme Court of Virginia. April 23, 1976 Present, All the Justices. (1) Uninsured Motorist Coverage — Contribution Between Insurance Companies. (2) Statutory Construction — Procedural Provision Not Substantive — Public Policy. 1. Midwest settled with insured and seeks […]

6 S.E.2d 624 MINNIE G. WHITEHEAD, ETC. v. D. J. WHITEHEAD, ET ALS. Supreme Court of Virginia. Richmond Record No. 2130 January 8, 1940 Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. WILLS — Construction — Intention of Testator Is to Be Ascertained. — The key which unlocks the door of every will […]

200 S.E.2d 556 NATHANIEL WHALEY v. COMMONWEALTH OF VIRGINIA. 42973 Record Nos. 8, 77 and 8278.Supreme Court of Virginia. November 26, 1973 Present, All the Justices. (1) Criminal Procedure — Instruction — Presumption of Innocence. (2) Criminal Procedure — Rape — Evidence — Chain of Possession — Connection With Rape. (3) Criminal Procedure — Instruction […]

68 S.E.2d 96 CITY OF FALLS CHURCH v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. 39178 Record No. 3826.Supreme Court of Virginia. December 3, 1951 Present, All the Justices. (1) Municipal Corporations — Enlargement of Corporate Bounds — Evidence — Community of Interest. (2) Municipal Corporations — Enlargement of Corporate Bounds — Evidence — […]