Category: Virginia Supreme Court Opinions

54 S.E.2d 893 JACOB HEVENER, JR. v. COMMONWEALTH OF VIRGINIA. 38885 Record No. 3555.Supreme Court of Virginia. September 7, 1949 Present, All the Justices. (1) Homicide — Evidence — Weight and Sufficiency — Evidence Held Sufficient to Prove Corpus Delicti and Guilt of Accused. (2) Appeal and Error — Jury — Competency of Juror — […]

295 S.E.2d 878 COMMONWEALTH OF VIRGINIA v. HENRY RAY BRUMFIELD 44371 Record No. 811874.Supreme Court of Virginia. October 15, 1982 Present: Carrico, C.J., Poff, Compton, Thompson, Stephenson, and Russell, JJ. A North Carolina bond forfeiture on a charge of “Driving under the Influence — DUI” constitutes a “conviction” for the purposes of the Virginia Habitual […]

254 S.E.2d 61 CEMETERY CONSULTANTS, INC. T/A ROSEWOOD MEMORIAL PARK v. TIDEWATER FUNERAL DIRECTORS ASSOCIATION, INC. 43793 Record No. 771178.Supreme Court of Virginia. April 26, 1979 Present: All the Justices. Funeral directors’ corporation not in privity of contract lacks standing to sue on contract between cemetery corporation and individual cemetery lot owners. (1) Contracts — […]

87 S.E.2d 756 J. A. ANDERSON, COMMISSIONER, VIRGINIA DEPARTMENT OF HIGHWAYS, COMMONWEALTH OF VIRGINIA v. STUARTS DRAFT WATER COMPANY, INCORPORATED. 39740 Record No. 4409.Supreme Court of Virginia. June 13, 1955 Present, All the Justices. (1) Streets and Highways — Extent of Public Easement — Lowering of Grade. (2) Streets and Highways — Lowering of Grade […]

169 S.E.2d 409 THOMAS LEE PENN v. COMMONWEALTH OF VIRGINIA. 42253 Record No. 6969.Supreme Court of Virginia. September 5, 1969 Present, All the Justices. Criminal Procedure — Confession — Miranda Standards. Defendant surrendered voluntarily at about 7:30 a.m. and was taken into custody but not questioned since he indicated a lawyer was to be retained. […]

121 S.E.2d 459 EWELL GRANT TASKER v. COMMONWEALTH OF VIRGINIA. 41264 Record No. 5270.Supreme Court of Virginia. September 8, 1961 Present, All the Justices. (1) and (2) Criminal Procedure — Bill of Particulars — Motion for Properly Refused. (3) Witnesses — Impeachment by Crime of Moral Turpitude — Rule Regarding Contributing to Delinquency of Minor. […]

158 S.E.2d 657 GEORGE STANLEY ASHBY v. COMMONWEALTH OF VIRGINIA. 42025 Record No. 6658.Supreme Court of Virginia. January 15, 1968 Present, All the Justices. (1) Criminal Law — Sodomy — Penetration Required. (2) Criminal Procedure — Instruction on Lesser Offense. (3) Criminal Procedure — Double Jeopardy — Two Crimes. (4) Criminal Procedure — Two Indictments […]

168 S.E.2d 115 EVELYN WARX FRIEND CRITTENDEN, ET AL. v. HENRY T. CRITTENDEN. 42226 Record No. 6944.Supreme Court of Virginia. June 16, 1969 Present, All the Justices. Divorce — Two Year Separation — Mental Incompetence. Husband seeks divorce on the ground of separation for two years from wife who had been adjudged mentally incompetent and […]

238 S.E.2d 834 RALPH THOMAS v. COMMONWEALTH OF VIRGINIA 43597 Record No. 770421.Supreme Court of Virginia. November 23, 1977 Present: All the Justices. When withdrawal of waiver of jury trial is timely. (1) Criminal Procedure — Jury Trial — Withdrawal of Waiver — When Permitted — When Waiver Timely. (2) Criminal Procedure — Jury Trial […]

283 S.E.2d 194 DAVID STOVER, JR. v. COMMONWEALTH OF VIRGINIA 44210 Record No. 801748.Supreme Court of Virginia. October 16, 1981 Present: All the Justices. Circumstantial evidence of second degree murder must be consistent with guilt, inconsistent with innocence, and exclude every reasonable hypothesis of innocence and the chain of necessary circumstances must be unbroken; evidence […]

100 S.E.2d 717 ATLANTIC LIFE INSURANCE COMPANY v. MATILDA GREENFIELD, AMINISTRATRIX OF THE ESTATE OF GEORGE MORGAN, DECEASED. 39914 Record No. 4703.Supreme Court of Virginia. December 2, 1957 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Whittle and Snead, JJ. Insurance — Insured Killed by Beneficiary — Loss Held Excluded from Coverage. George Morgan was feloniously […]

14 S.E.2d 301 DOROTHY STONE BLACKWELL, ET AL. v. VIRGINIA TRUST COMPANY. Supreme Court of Virginia. Richmond Record No. 2335. April 21, 1941. Present, Campbell, C. J., and Holt, Gregory, Browning, Eggleston and Spratley, JJ. 1. REMAINDERS, REVERSIONS AND EXECUTORY INTERESTS — Acceleration of Remainders — May Occur Whether Remainder Vested or Contingent. — Acceleration […]

514 S.E.2d 770 WALTER C. COOLEY v. TYSON FOODS, INC., A NORTH CAROLINA CORPORATION Record No. 981313Supreme Court of Virginia. April 16, 1999 Present: All the Justices A discharged employee failed to present sufficient evidence to support a jury’s finding that he was fired because he had intended to file a workers’ compensation claim. The […]

163 S.E.2d 314 ERNEST CLIFTON FORD v. C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 42114 Record No. 6752.Supreme Court of Virginia. September 6, 1968 Present, All the Justices. Criminal Procedure — Effective Counsel — Appointed Immediately Preceding Trial In 1953 petitioner was sentenced to 26 years in penitentiary after conviction on seven burglary […]

334 S.E.2d 556 AMBIANCE ASSOCIATES, INC., T/A, ETC. v. ROBERT J. KILBY, JR. 44841 Record No. 820375Supreme Court of Virginia. September 6, 1985 Present: All the Justices Judgment following the second trial of a personal injury action is reversed because the trial court used the damage figure from the first trial rather than giving effect […]

12 S.E.2d 796 GILMER MEADE v. COMMONWEALTH OF VIRGINIA. Supreme Court of Virginia. Richmond Record No. 2350. January 13, 1941. Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. AUTOMOBILES — Leaving Scene of an Accident — Best and Secondary Evidence — Testimony as to Car’s Condition — Case at Bar. — In the […]

278 S.E.2d 856 LAUGHON JOHNSON, INC. v. B. O. BURCH, ET AL. 44150 Record No. 790913.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. When property damage results from concussion by blasting the rule of strict liability applies. Evidence — Negligence — Property Damage — Strict Liability — Strict Liability Applies when Property […]

128 S.E.2d 263 BAYSIDE CORPORATION v. VIRGINIA SUPER FOOD FAIR STORES, INC. 41406 Record No. 5504.Supreme Court of Virginia. December 3, 1962 Present, All the Justices. Real Property — Covenant in Lease Restricting Use — Held Reasonable and Binding. Bayside, developer of a new shopping center, leased a portion of the area to Food Fair […]

234 S.E.2d 302 ROANOKE GAS COMPANY v. COMMONWEALTH OF VIRGINIA, STATE CORPORATION COMMISSION. 43506 Record No. 760982.Supreme Court of Virginia. April 22, 1977 Present, I’Anson, C.J., Carrico, Harrison, Cochran, Poff and Compton, JJ. Corporation Commission — Public Service Company — Contracts With Affiliates. Acquisition of stock of affiliate by public service company requires approval of […]