Keesee v. Commonwealth, 217 S.E.2d 808 (Va. 1975). · Go Syfert
Keesee v. Commonwealth, 217 S.E.2d 808 (Va. 1975). Cases Citing This Book View Copy Cite
146 citation events (95 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Cal Byren Kilby v. Commonwealth of Virginia
Va. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the mere fact that the local police department was involved in the investigation of the crimes . . . will not suffice.
examined Cited as authority (verbatim quote) Williams v. Commonwealth (9×) also: Cited as authority (rule), Cited "see"
Va. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
the mere fact that the local police department was involved in the investigation of the crimes and that warrants recited proper venue, standing alone as they do here, will not suffice.
examined Cited as authority (verbatim quote) Edmonds v. Commonwealth (4×) also: Cited as authority (quoted)
Va. Ct. App. · 2004 · signal: cf. · quote attribution · 4 verbatim quotes · confidence high
the record fails to show that the trial court took judicial notice of the location of the store property.
discussed Cited as authority (rule) Curtis Ray Spurlock v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“Generally the prosecution of a criminal case shall be had in the county or city in which the offense was committed.” Pollard v. Commonwealth, 220 Va. 723, 725 (1980) (citing Code § 19.2-244). “[T]he burden is upon the Commonwealth to prove venue by evidence which is either direct or circumstantial.” Id. (quoting Keesee v. Commonwealth, 216 Va. 174, 175 (1975)).
discussed Cited as authority (rule) Arzu v. Clarke
E.D. Va. · 2023 · confidence medium
Every crime to be punished in Virginia must be committed in Virginia.” Farewell v. Commonwealth, 167 Va. 475, 479 , 189 S.E. 321, 323 (1937). “*A criminal charge cannot be sustained unless the evidence furnishes the foundation for a ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Morris v. Commonwealth, 51 Va. App. 459, 464 (2008), quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975).
discussed Cited as authority (rule) Walter Whitfield v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
At trial, “[t]he Commonwealth has the burden to show a ‘strong presumption’ that the crime occurred within the trial court’s jurisdiction and may do this with direct or circumstantial evidence.” Taylor v. Commonwealth, 58 Va. App. 185, 190 (2011) (emphasis added) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 (1975)).
discussed Cited as authority (rule) Roy Leeshun Williams v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
Compare Williams, 289 Va. at 336 (declining to take judicial notice that the address was in the City of Norfolk when no map was referenced in the trial court); Commonwealth v. Woodward, 249 Va. 21, 23 (1995) (holding that appellate judicial notice was not appropriate in that case); Keesee v. Commonwealth, 216 Va. 174, 175 (1975) (holding that the record did not contain enough facts to support taking judicial notice of venue), with Buttery v. Robbins, 177 Va. 368, 374 (1941) (taking judicial notice that Skyline drive is in Shenandoah National Park because it is “a matter of common knowledge�…
discussed Cited as authority (rule) Patricia Ann Gerald v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
The Commonwealth bears the burden of proving venue by direct or circumstantial evidence, and a “criminal charge cannot be sustained unless the evidence furnishes the foundation for a ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975) (quoting Harding v. Commonwealth, 132 Va. 543, 548 , 110 S.E. 376, 378 (1922)).
discussed Cited as authority (rule) Tarsah M. Gerald v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
The Commonwealth bears the burden of proving venue by direct or circumstantial evidence, and a “criminal charge cannot be sustained unless the evidence furnishes the foundation for a ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975) (quoting Harding v. Commonwealth, 132 Va. 543, 548 , 110 S.E. 376, 378 (1922)). - 12 - Neither party disputes that appellant’s perjury took place within the Albemarle County Courthouse or that the Albemarle County Courthouse is located within …
cited Cited as authority (rule) Commonwealth v. Napier
Buchanan Cir. Ct. · 2016 · confidence medium
Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980); Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975).
cited Cited as authority (rule) Jonathan Collins v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (citing Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809 (1975)).
discussed Cited as authority (rule) Rene Martinez Romero v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Under the strong-presumption standard, “venue has been sufficiently proven when its location is the only reasonable inference that can be prove venue “did not stem from evidentiary sufficiency with respect to the guilt or innocence of the defendant”); Bonner v. Commonwealth, 62 Va. App. 206, 210-11 , 745 S.E.2d 162, 165 (2013) (en banc) (reversing for failure to prove venue and remanding “to the trial court for further proceedings, including trial in a proper venue if the Commonwealth be so advised”); Taylor v. Commonwealth, 58 Va. App. 185, 193 , 708 S.E.2d 241, 245 (2011) (holding …
discussed Cited as authority (rule) Connie Beth Klewer v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
Rather, the evidence need only establish a “‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)). -6- Here, the facts and circumstances proved that the offense of electronic solicitation of a minor in violation of Code § 18.2-374.3 was committed in Russell County, the jurisdiction in which the offense was prosecuted.
cited Cited as authority (rule) Taylor v. Commonwealth
Va. Ct. App. · 2011 · confidence medium
Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975); see also Meeks v. Commonwealth, 274 Va. 798, 802 , 651 S.E.2d 637, 639 (2007).
discussed Cited as authority (rule) Carmen Marie Duckworth v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
Rather, the evidence need only establish a “‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)); see Thomas v. Commonwealth, 38 Va. App. 319, 323 , 563 S.E.2d 406, 408 (2002).
cited Cited as authority (rule) Gheorghiu v. Com.
Va. · 2010 · confidence medium
Pollard v. Commonwealth, 220 Va. 723, 726 , 261 S.E.2d 328, 330 (1980); Keesee v. Commonwealth, 216 Va. 174, 176 , 217 S.E.2d 808, 810 (1975).
discussed Cited as authority (rule) Morris v. Commonwealth
Va. Ct. App. · 2008 · confidence medium
Thus, a “criminal charge cannot be sustained unless the evidence furnishes the foundation for a ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975).
discussed Cited as authority (rule) Johnnie Kensley Brown, Jr. v. Commonwealth
Va. Ct. App. · 2007 · confidence medium
That “evidence must furnish the foundation for a ‘strong presumption’ that the offense was committed within the jurisdiction of the [trial] court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) Diana Clareen Harris v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
While it is true that “[t]he venue facts proved may be aided by judicial notice of geographical facts that are either matters of common knowledge or shown by maps of common use,” Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975) (per curiam), the “fact of judicial notice must appear from the record,” Sutherland v. Commonwealth, 6 Va. App. 378, 383 , 368 S.E.2d 295, 298 (1988) (citing Keesee, 216 Va. at 175 , 217 S.E.2d at 809 ).
discussed Cited as authority (rule) Quinton Utell Burton v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
Thomas v. Commonwealth, 38 Va. App. 319, 323 , 563 S.E.2d 406, 408 (2002) (quoting Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980), quoting in turn, Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) William J. Ross v. Commonwealth
Va. Ct. App. · 2005 · confidence medium
In either case, the evidence must be sufficient to present a “‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) Tameka Ann Dunn v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
In either case, the evidence must be sufficient to present a "'strong presumption' that the offense was committed within the jurisdiction of the court." Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) Thomas v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
In either case, the evidence must be sufficient to present a “ ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) Thomas v. Commonwealth
Va. Ct. App. · 2001 · confidence medium
“A trial court may take judicial notice of those facts that are either (1) so ‘generally known’ within the jurisdiction *332 or (2) so ‘easily ascertainable’ by reference to reliable sources that reasonably informed people in the community would not regard them as reasonably subject to dispute.” Taylor v. Commonwealth, 28 Va.App. 1, 7-8 , 502 S.E.2d 113, 116 (1998) (en banc) (citations omitted). “[T]he fact of judicial notice must appear from the record.” Sutherland, 6 Va.App. at 383 , 368 S.E.2d at 298 (citing Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809 (197…
discussed Cited as authority (rule) Brian Heath Bareford v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
In either case, the evidence must be sufficient to present a "'strong presumption' that the offense was committed within the - 5 - jurisdiction of the court." Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) Ernie Clarence Swain s/k/a v. Commonwealth of Va
Va. Ct. App. · 2000 · confidence medium
Thus, a "criminal charge cannot be sustained unless the evidence furnishes the foundation for a 'strong presumption' that the offense was committed within the jurisdiction of the court." Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975).
discussed Cited as authority (rule) Green v. Commonwealth
Va. Ct. App. · 2000 · confidence medium
In either case, the evidence must be suffi *448 eient to present a “ ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) Taylor v. Commonwealth (2×)
Va. Ct. App. · 1998 · confidence medium
In addressing the authenticity of the date stamp, the trial court acknowledged appellant’s argument that “[tjhere is no evidence to say that that’s the proper stamp of the court or that, in fact, that’s the kind of stamp the court uses.” The court ruled, however, that the date stamp “is an official stamp of the court and papers received in the court at the clerk’s office.” “[TJhe fact of judicial notice must appear from the record.” Sutherland v. Commonwealth, 6 Va.App. 378, 383 , 368 S.E.2d 295, 298 (1988) (citing Keesee v. Commonwealth 216 Va. 174, 175 , 217 S.E.2d 808, 8…
cited Cited as authority (rule) Keith Eric Williams v. Commonwealth of Virginia
Va. Ct. App. · 1998 · confidence medium
Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (citing Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975)).
discussed Cited as authority (rule) James Braxton Foley v. Commonwealth
Va. Ct. App. · 1997 · confidence medium
Such evidence must furnish the foundation for a 'strong presumption' that the offense was committed within the jurisdiction of the * Pursuant to Code § 17-116.010 this opinion is not designated for publication. court." Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (citing Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
cited Cited as authority (rule) Patricia A. Jones v. Commonwealth
Va. Ct. App. · 1995 · confidence medium
Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809 (1975); see also Ware v. Commonwealth, 214 Va. 520 , 201 S.E.2d 791 (1974).
discussed Cited as authority (rule) Davis v. Commonwealth
Va. Ct. App. · 1992 · confidence medium
In either case, the evidence must be sufficient to present a “ ‘strong presumption’ that the offense was committed within the jurisdiction of the Court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited as authority (rule) Wright v. Commonwealth
Va. Ct. App. · 1990 · confidence medium
Following the appellant’s logic a criminal charge must be dismissed “unless the evidence furnishes the foundation for a ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1985).
discussed Cited as authority (rule) Cheng v. Commonwealth (2×)
Va. · 1990 · confidence medium
Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980); Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809-10 (1975).
discussed Cited as authority (rule) Sutherland v. Commonwealth (2×)
Va. Ct. App. · 1988 · confidence medium
Such evidence must furnish the foundation for a ‘strong presumption’ that the offense was committed within the jurisdiction of the court.” Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (citing Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
cited Cited as authority (rule) Traverso v. Commonwealth
Va. Ct. App. · 1988 · confidence medium
Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980); Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809 (1975).
cited Cited as authority (rule) Pollard v. Commonwealth
Va. · 1980 · confidence medium
Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 809 (1975).
discussed Cited "see" Goodall v. Unknown (2×)
E.D. Va. · 2022 · signal: see · confidence high
See McClain v. Commonwealth, 189 Va. 847, 853 , 55 S.E.2d 49, 52 (1949), see also Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975).
discussed Cited "see" Charles Lamaar Sharp v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2016 · signal: see · confidence high
Id. at 336-37, 771 S.E.2d at 681; see Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975).
examined Cited "see" Tony Williams v. Commonwealth of Virginia (4×) also: Cited "see, e.g."
Va. Ct. App. · 2014 · signal: see · confidence high
In order to establish a proper venue, “it is enough that the evidence, direct or circumstantial, raises a ‘strong presumption’ that the crime occurred within the territorial jurisdiction of the court.” Morris, 51 Va.App. at 469 , 658 S.E.2d at 713 (internal quotation marks and citations omitted); see Pollard v. Commonwealth, 220 Va. 723, 725 , 261 S.E.2d 328, 330 (1980) (quoting Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975)).
discussed Cited "see" Argos Utilities Corp. v. Perrin (2×)
Roanoke County Cir. Ct. · 2011 · signal: see · confidence high
See Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975).) The complaint states that Argos is a Delaware corporation.
discussed Cited "see" Dillard v. Commonwealth (2×)
Va. Ct. App. · 1998 · signal: see · confidence high
See Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975) (per curiam); Sutherland v. Commonwealth, 6 Va.App. 378, 383 , 368 S.E.2d 295, 298 (1988).
discussed Cited "see" Owusu v. Commonwealth (2×)
Va. Ct. App. · 1991 · signal: see · confidence high
See Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975); Sutherland v. Commonwealth, 6 Va. App. 378, 382 , 368 S.E.2d 295, 297 (1988).
examined Cited "see" Jewell v. Commonwealth (4×)
Va. Ct. App. · 1989 · signal: see · confidence high
See Keesee v. Commonwealth, 216 Va. 174, 175 , 217 S.E.2d 808, 810 (1975); Sutherland v. Commonwealth, 6 Va. App. 378, 383 , 368 S.E.2d 295, 297 (1988).
Retrieving the full opinion text from the archive…
Walter Ford Keesee, Jr.
v.
Commonwealth of Virginia
Record 740999.
Supreme Court of Virginia.
Sep 5, 1975.
217 S.E.2d 808
Joseph R. Johnson, Jr., for plaintiff in error., Wilburn C. Dibling, Jr., Assistant Attorney General (Andrew P. Miller, Attorney General, on brief), for defendant in error.
Cited by 51 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Court of Appeals of Virginia (2)
Per Curiam.

Walter Ford Keesee, Jr. appeals his convictions, after a jury trial, upon warrants charging that he unlawfully caused or encouraged two of his daughters under the age of 18 to commit misdemeanors. Code § 18.1-14. The sole issue we decide is whether the Commonwealth proved that the offenses occurred within the territorial jurisdiction of the trial court.

The Commonwealth concedes that there is no direct evidence of venue, but it contends that it has adequately shown the situs of the crimes to be within the City of Lynchburg by certain indirect and circumstantial evidence. We do not agree.

[*175] The crimes and surrounding events took place on April 12, 1974, in “Hill’s Department Store” and on its adjacent parking lot. The facts relied on to establish venue are as follows: that an officer of the City of Lynchburg Police Department was assigned to investigate the crimes; that the defendant’s automobile, which contained certain merchandise taken from the store, was moved, on the day of the offenses, to the City of Lynchburg police lot; that the defendant’s wife called the City police station from the defendant’s home in the City of Lynchburg and asked the investigating officer to come to the home to “talk” about the case; that the warrants issued against the defendant stated that the offenses took place within the City of Lynchburg; and that the offenses were committed at Hill’s Department Store. This is not sufficient to prove that venue was properly laid.

The burden is on the Commonwealth to prove venue by evidence which is either direct or circumstantial. Ware v. Commonwealth, 214 Va. 520, 522, 201 S.E.2d 791, 793 (1974). The criminal charge cannot be sustained unless the evidence furnishes the foundation for a “strong presumption” that the offense was committed within the jurisdiction of the court. Harding v. Commonwealth, 132 Va. 543, 548, 110 S.E. 376, 378 (1922); Butler v. Commonwealth, 81 Va. 159, 163 (1885). The venue facts proved may be aided by judicial notice of geographical facts that are either matters of common knowledge or shown by maps of common use. McClain v. Commonwealth, 189 Va. 847, 853, 55 S.E.2d 49, 52 (1949).

But nowhere does this evidence show that Hill’s Department Store is located within the jurisdiction of the Circuit Court of the City of Lynchburg. The record fails to reveal even the street on which the store is located. The mere facts that the local police department was involved in the investigation of the crimes and that the warrants recited proper venue, standing alone as they do here, will not suffice.

Nor can we say from this record that the location of Hill’s Department Store is such a geographical fact which is a matter of common knowledge susceptible of being judicially noticed. Indeed, the record fails to show that the trial court took judicial notice of the location of the store property. See Randall v. Commonwealth, 183 Va. 182, 31 S.E.2d 571 (1944).

We have examined the cases relied on by the Commonwealth and find them all to be distinguishable on their facts. Of the cases cited, West v. Commonwealth, 125 Va. 747, 99 S.E. 654 (1919), is the most persuasive. But in that case the testimony established the geo[*176] graphical fact that the crime took place at a house located on “Sycamore Street,” which was within the jurisdiction of the court, and the proof of venue in Petersburg was held to be sufficient. Furthermore, in West the question of venue was not raised until after verdict. In this trial, the question was raised by the defendant at the conclusion of all the evidence and before the jury was instructed.

For these reasons, the judgments of conviction will be reversed and the cases remanded for a new trial, if the Commonwealth be so advised.

Reversed and remanded.