King v. Commonwealth, 347 S.E.2d 530 (Va. Ct. App. 1986). · Go Syfert
King v. Commonwealth, 347 S.E.2d 530 (Va. Ct. App. 1986). Cases Citing This Book View Copy Cite
70 citation events (44 in the last 25 years) across 1 distinct court.
Strongest positive: Ann Reynolds Lee v. William Manson, M.D. (vactapp, 2025-08-12)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ann Reynolds Lee v. William Manson, M.D.
Va. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
instructions must be tailored to the evidence and should exclude language that might confuse or distract the jury.
examined Cited as authority (verbatim quote) Edward Chilton, s/k/a Edward Corndell Chilton v. Commonwealth of Virginia (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2014 · quote attribution · 2 verbatim quotes · confidence high
the validity of using other code sections as interpretive guides is well established. the code of virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.
examined Cited as authority (verbatim quote) Robert Wayne Dawson, II v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2014 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the validity of using other code sections as interpretive guides is well established. the code of virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.
examined Cited as authority (verbatim quote) Cooper v. Commonwealth (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2009 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the term manufacturing includes the planting, cultivating, growing, or harvesting of marijuana
examined Cited as authority (verbatim quote) Correll v. Commonwealth (2×)
Va. Ct. App. · 2004 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the validity of using other code sections as interpretive guides is well established. the code of virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.
discussed Cited as authority (rule) Christopher Dustin Mayberry v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Further, in interpreting a statute, “[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.” Hart v. Commonwealth, 18 Va. App. 77, 79 (1994) (quoting King v. Commonwealth, 2 Va. App. 708, 710 (1986)).
discussed Cited as authority (rule) Roger Leon Turner v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
While “intoxicated” is not defined in the criminal statute, this Court has recognized that “the Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.” King v. Commonwealth, 2 Va. App. 708, 710 (1986). “[I]ntoxicated,” as defined in Code § 4.1-100, is “a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior.” In other words, not acting in an “orderly” manner.
discussed Cited as authority (rule) Dustin Keith Conley v. Commonwealth of Virginia (2×) also: Cited "see"
Va. Ct. App. · 2022 · confidence medium
To provide an additional instruction on consent that is “inapplicable to the facts in evidence” would only serve to “confuse or distract the jury.” Morse v. Commonwealth, 17 Va. App. 627, 633 (1994) (quoting King v. Commonwealth, 2 Va. App. 708, 711 (1986)).
discussed Cited as authority (rule) Summit Pharmacy Inc. v. Costco Wholesale (R) and Costco Wholesale Corporation
Va. Ct. App. · 2021 · confidence medium
“The Code of -6- Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.” King v. Commonwealth, 2 Va. App. 708, 710 (1986) (citing First National Bank of Richmond v. Holland, 99 Va. 495, 504 (1901)).
discussed Cited as authority (rule) Troy McGowan v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
“The Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.” King v. Commonwealth, 2 Va. App. 708, 710 (1986) (citing First National Bank of Richmond v. Holland, 99 Va. 495, 504 (1901)).
discussed Cited as authority (rule) Justin Godfrey Fahringer v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
“It is a fundamental principle that ‘[a]lthough an instruction may correctly state the law, it should not be given if it is inapplicable to the facts in evidence . . . [and] might confuse or distract the jury.’” Morse v. Commonwealth, 17 Va. App. 627, 633 (1994) (quoting King v. Commonwealth, 2 Va. App. 708, 711 (1986)).
discussed Cited as authority (rule) Christopher Parris Cabral v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
Further, it is well established that “‘[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed’ or the same underlying conduct is involved.” Chapman v. Commonwealth, 68 Va. App. 131 , 144 n.7, 804 S.E.2d 326 , 333 n.7 (2017) (quoting King v. Commonwealth, 2 Va. App. 708, 710 , 347 S.E.2d 530, 531 (1986)).
discussed Cited as authority (rule) John Beverly Chapman, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
King v. Commonwealth, 2 Va. App. 708, 710 , 347 S.E.2d 530, 531 (1986). - 13 - CONCLUSION For the foregoing reasons, appellant’s conviction for felony reckless driving that caused the death of a passenger, in violation of Code §§ 46.2-852 and 46.2-868(B), is affirmed.
discussed Cited as authority (rule) Nicholas David Pelloni v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
When a particular section of the Code does not define certain terms within that section, "[u]nder settled legal principles, ... ‘the Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.’ ” Hart v. Commonwealth, 18 Va.App. 77, 79 , 441 S.E.2d 706, 707 (1994) (quoting King v. Commonwealth, 2 Va.App. 708, 710 , 347 S.E.2d 530, 531 (1986)). 4 .
discussed Cited as authority (rule) Craig Rodney Lewis v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
Code § 18.2-431.1(B) provides: “It shall be unlawful for an incarcerated prisoner without authorization to possess a cellular telephone during the period of his incarceration.” Neither the particular code section nor the chapter of which it is a part provides a definition for the term “prisoner.” However, “[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.” King v. Commonwealth, 2 Va. App. 708, 710 , 347 S.E.2d 530, 531 (1986).
discussed Cited as authority (rule) Wendell Kirk Dean v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
The Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.” King v. Commonwealth, 2 Va.App. 708, 710 , 347 S.E.2d 530, 531 (1986).
examined Cited as authority (rule) Cortez-Hernandez v. Commonwealth (3×)
Va. Ct. App. · 2011 · confidence medium
Indeed, "[i]t is a fundamental principle that `although an instruction may correctly state the law, it should not be given if it is inapplicable to the facts in evidence . . . [and] might confuse or distract the jury.'" Id. at 633 , 440 S.E.2d at 149 (quoting King v. Commonwealth, 2 Va.App. 708, 711 , 347 S.E.2d 530, 531 (1986)).
discussed Cited as authority (rule) Allman v. Commonwealth (2×)
Va. Ct. App. · 2004 · confidence medium
Neither Code § 18.2-427 nor the chapter or article in which it appears—Chapter 8, Article 5, of Title 18.2—contains a definition of the word “obscene.” However, in interpreting a statute, “ ‘ “[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.”’” Moyer v. Commonwealth, 33 Va.App. 8, 35 , 531 S.E.2d 580, 593 (2000) (en banc) (quoting Hart v. Commonwealth, 18 Va.App. 77, 79 , 441 S.E.2d 706, 707 (1994) (quoting King v. Commonwealth, 2 Va.App. 708, 710, 347 S.E.2d 530, 531 (1986))).
discussed Cited as authority (rule) M.G. v. Albemarle County Department of Social Services (2×)
Va. Ct. App. · 2003 · confidence medium
In interpreting a statute, “ ‘[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.’ ” Hart v. Commonwealth, 18 Va.App. 77, 79 , 441 S.E.2d 706, 707 (1994) (quoting King v. Commonwealth, 2 Va.App. 708, 710, 347 S.E.2d 530, 531 (1986)).
cited Cited as authority (rule) Kenneth Ray Lowe v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
Patterson v. Commonwealth, 19 Va.App. 698, 702 , 454 S.E.2d 367, 369 (1995); King v.. Commonwealth, 2 Va.App. 708, 710-11 , 347 S.E.2d 530, 531 (1986).
cited Cited as authority (rule) Groggins v. Commonwealth
Va. Ct. App. · 2000 · confidence medium
King v. Commonwealth, 2 Va.App. 708, 711 , 347 S.E.2d 530, 531 (1986).
examined Cited as authority (rule) Moyer v. Commonwealth (3×)
Va. Ct. App. · 2000 · confidence medium
In interpreting a statute, “ ‘[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.’ ” Hart v. Commonwealth, 18 Va.App. 77, 79 , 441 S.E.2d 706, 707 (1994) (quoting King v. Commonwealth, 2 Va.App. 708, 710, 347 S.E.2d 530, 531 (1986)).
discussed Cited as authority (rule) Moyer v. Commonwealth (2×)
Va. Ct. App. · 1999 · confidence medium
In interpreting a statute, “ ‘[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.’ ” Hart v. Commonwealth, 18 Va.App. 77, 79 , 441 S.E.2d 706, 707 (1994) (quoting King v. Commonwealth, 2 Va.App. 708, 710 , 347 S.E.2d 530, 531 (1986)).
discussed Cited as authority (rule) Commonwealth v. Bernard Payne
Va. Ct. App. · 1996 · confidence medium
The Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed." King v. Commonwealth, 2 Va. App. 708, 710 , 347 S.E.2d 530, 531 (1986).
discussed Cited as authority (rule) Patterson v. Commonwealth (2×)
Va. Ct. App. · 1995 · confidence medium
King v. Commonwealth, 2 Va. App. 708, 711, 347 S.E.2d 530, 531 (1986).
discussed Cited as authority (rule) Hart v. Commonwealth (2×)
Va. Ct. App. · 1994 · confidence medium
A. Code § 18.2-387 does not define the terms, “person, or the private parts thereof.” Under settled legal principles, however, and as pointed out by the Commonwealth, “[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.” King v. Commonwealth, 2 Va. App. 708, 710 , 347 S.E.2d 530, 531 (1986) (defining term “manufacture” as used in Code § 18.2-248.1(a)).
discussed Cited as authority (rule) Morse v. Commonwealth (2×)
Va. Ct. App. · 1994 · confidence medium
It is a fundamental principle that “[a]lthough an instruction may correctly state the law, it should not be given if it is inapplicable to the facts in evidence . . . [and] might confuse or distract the jury.” King v. Commonwealth, 2 Va. App. 708, 711, 347 S.E.2d 530, 531 (1986) (citation omitted).
discussed Cited as authority (rule) Parnell v. Commonwealth
Va. Ct. App. · 1992 · confidence medium
Moreover, it is a fundamental principle that “[although an instruction may correctly state the law, it should not be given if it is inapplicable to the facts in evidence . . . [and] might confuse or distract the jury.” King v. Commonwealth, 2 Va. App. 708, 711 , 347 S.E.2d 530, 531 (1986) (citation *347 omitted).
discussed Cited as authority (rule) Scott v. Commonwealth (2×)
Va. Ct. App. · 1992 · confidence medium
King v. Commonwealth, 2 Va. App. 708, 710, 347 S.E.2d 530, 531 (1986).
discussed Cited as authority (rule) Bolyard v. Commonwealth (2×)
Va. Ct. App. · 1990 · confidence medium
Hatcher v. Commonwealth, 218 Va. 811, 813-14 , 241 S.E.2d 756, 758 (1978); King v. Commonwealth, 2 Va. App. 708, 711, 347 S.E.2d 530, 531 (1986).
discussed Cited "see" Leo Ricardo Barnes v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2013 · signal: see · confidence high
See King v. Commonwealth, 2 Va.App. 708, 710 , 347 S.E.2d 530, 531 (1986) ("The Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.”).
examined Cited "see" Ghameshlouy v. Commonwealth (4×)
Va. Ct. App. · 2009 · signal: see · confidence high
See King v. Commonwealth, 2 Va.App. 708, 710, 347 S.E.2d 530, 531 (1986) (stating that “[t]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed”).
discussed Cited "see, e.g." Hitt v. Commonwealth (2×)
Va. Ct. App. · 2004 · signal: see also · confidence low
See Alston v. Commonwealth, 32 Va.App. 661, 665-66 , 529 S.E.2d 851, 853-54 (2000) (considering a conviction under Code § 18.2-77); Johnson v. Commonwealth, 18 Va.App. 441, 446-47 , 444 S.E.2d 559, 562 (1994) (considering a conviction under Code § 18.2-92); see also Hart v. Commonwealth, 18 Va.App. 77, 79 , 441 S.E.2d 706, 707 (1994) (“ ‘[T]he Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed.’ ” (quoting King v. Commonwealth, 2 Va.App. 708, 710 , 347 S.E.2d 530, 531 (1986))).
Retrieving the full opinion text from the archive…
Posey King
v.
Commonwealth of Virginia
Record No. 0979-85.
Court of Appeals of Virginia.
Aug 19, 1986.
347 S.E.2d 530
Counsel, Robert W. Spessard, Jr., for appellant., Leah A. Darron, Assistant Attorney General (Mary Sue Terry, Attorney General, on brief), for appellant.
Duff.
Cited by 38 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Court of Appeals of Virginia (2)

Opinion

DUFF, J.

On June 26, 1985, Posey King was convicted in a jury trial of feloniously manufacturing marijuana in violation of Code § 18.2-248.1(c). The sole issue presented in his appeal is whether the court’s instruction to the jury defining the term “manufacturing” was incomplete. We find no error and affirm the conviction.

Three deputy sheriffs, on a stakeout investigating the manufacture of marijuana, observed King with a hoe in a field of over 600 marijuana plants. King was digging with the hoe between two beds of the plants. The land, located in a remote section of Floyd County, was not owned by King. At the time King was arrested, he was not in possession of marijuana plants, marijuana seeds, or paraphernalia related to marijuana. After being arrested and advised of his constitutional rights, King stated: “I don’t want to tell anyone who was with me on the marijuana. I promised I wouldn’t. Someone did give me the seeds.”

At the conclusion of the evidence, the court instructed the jury that “ ‘manufacture’ of marijuana means the production, preparation, propagation, compounding, conversion or processing of marijuana.” In proffering this instruction, the Commonwealth relied on the definition of “manufacture” contained in Code § 54-524.2(14a) of the Drug Control Act.

King argues that the term “manufacture,” as used in the statutory offense of “manufacturing] marijuana,” means something[*710] vastly different from its traditional definition. He contends that because the statutory offense of manufacturing marijuana is contrary to everyday understanding, the instruction should have included the entire definition of “manufacture” as set forth in Code § 54-524.2(14a), [1] and that the partial definition of the term “manufacture” given to the jury was confusing and was an incomplete statement of the law.

Although King was convicted of a violation of Code § 18.2-248.1(a), and the term “manufacture” is not defined in that title, the court did not err in giving the jury the definition of “manufacture” contained in Code § 54-524.2(14a) of the Drug Control Act. The offense of manufacturing marijuana, Code § 18.2-248.1(c), was once a part of the Drug Control Act, Code § 54-524.1 et seq. [2] In 1975, marijuana related offenses were recodified in Title 18.2; however, the Drug Control Act’s definition of manufacture continues to be relevant to marijuana related offenses. The validity of using other Code sections as interpretive guides is well established. The Code of Virginia constitutes a single body of law, and other sections can be looked to where the same phraseology is employed. First National Bank of Richmond v. Holland, 99 Va. 495, 504, 39 S.E. 126, 129-30 (1901).

With respect to Code § 18.2-248.1 violations, the words manufacture and production are used synonymously. Manufacture, as defined by Code § 54-524.2(14a), “means the production, preparation, propagation, compounding, conversion or processing of any item.” (emphasis added). Code § 54-524.2(29) states that “ ‘production’ includes the manufacture, planting, cultivation,[*711] growing or harvesting of a controlled substance or marijuana.” By these definitions, the legislature has clearly expressed its intent that the term manufacturing includes the planting, cultivating, growing, or harvesting of marijuana. Although the definition of manufacture as used in the context of the manufacture of marijuana may not precisely comport with the present day lay meaning of the term, that does not give us license to find error in the court’s instruction. The court’s function is to interpret the legislature’s meaning of words in statutes. Tiller v. Commonwealth, 193 Va. 418, 420, 69 S.E.2d 441, 442 (1952).

Our sister jurisdictions of North Carolina and West Virginia statutorily define manufacture in terms identical to the Virginia definition. In both states, manufacturing marijuana convictions have been affirmed where the definition was applied to facts substantially similar to those in the present case. See State v. Childers, 41 N.C.App. 729, 255 S.E.2d 654 (1979); State v. Underwood, 281 S.E.2d 491 (W.Va. 1981); State v. Cabalceta, 324 S.E.2d 383 (W.Va. 1984).

King further contends that the instruction to the jury should have included the entire definition of manufacture as set forth in Code § 54-524.2(14a). Although an instruction may correctly state the law, it should not be given if it is inapplicable to the facts in evidence. Hatcher v. Commonwealth, 218 Va. 811, 813-14, 241 S.E.2d 756, 758 (1978). Instructions must be tailored to the evidence and should exclude language that might confuse or distract the jury. The language in Code § 54-524.2(14a) that was omitted from the definition of manufacture given to the jury did not apply to the facts and circumstances of this case. The court used the part of the definition warranted by the evidence. The court did not err in refusing the appellant’s request for the additional language.

Accordingly, the conviction is

Affirmed.

Koontz, C.J., and Benton, J., concurred.

1

“Manufacture” means the production, preparation, propagation, compounding, conversion or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparing, compounding, packaging or labeling of a controlled substance:

(1) By a practitioner as an incident to his administering or dispensing of a controlled substance or marijuana in the course of his professional practice, or

(2) By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

2

The predecessor to Code § 18.2-248.1 was Code § 18.2-248, which defined marijuana as a “controlled substance.” See Stillwell v. Commonwealth, 219 Va. 214, 247 S.E.2d 360 (1978). The predecessor to Code § 18.2-248 was Code § 54-524.101:1, a part of the Drug Control Act.