Myrick v. Commonwealth, 412 S.E.2d 176 (Va. Ct. App. 1991). · Go Syfert
Myrick v. Commonwealth, 412 S.E.2d 176 (Va. Ct. App. 1991). Cases Citing This Book View Copy Cite
143 citation events (63 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1992 → 2026 · click a year to view as-of
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Top citers, strongest first. 40 distinct citers. How cited ↗
cited Cited as authority (rule) Maria Isabel Astudillo v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
We grant the “judgment of a trial court sitting without a jury . . . the same weight as a jury verdict.” Myrick v. -5- Commonwealth, 13 Va. App. 333, 339 (1991).
discussed Cited as authority (rule) Tony Lamont Pugh v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
When asked “Did you cash that check, the check we’re all asking about?” he replied “Yes, sir.” Accordingly, “[w]hile this Court has long required proof of a case through the most reliable evidence available, . . . [Pugh] has not challenged the content of the [check] as represented in the photocopy.” Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991) (quoting Carmody v. F.W.
cited Cited as authority (rule) Kenston Kangson Yi v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
The hearsay rule exists because hearsay evidence has “traditionally . . . been considered unreliable evidence.” Myrick v. Commonwealth, 13 Va. App. 333, 337 , 412 S.E.2d 176, 178 (1991).
discussed Cited as authority (rule) Rodney Lamar Carter v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
Allocca v. Allocca, 23 Va. App. 571, 579 , 478 S.E.2d 702, 706 (1996); see also Frere v. Commonwealth, 19 Va. App. -4- 460, 466-67, 452 S.E.2d 682, 686-87 (1995); Mostyn v. Commonwealth, 14 Va. App. 920, 923 , 420 S.E.2d 519, 521 (1992); Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 180 (1991).
discussed Cited as authority (rule) Randor Lee Uzzle, Sr. v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
“When ruling upon the sufficiency of the evidence, we grant the judgment of the trial court sitting without a jury the same weight as a jury verdict and will not disturb that judgment on appeal unless it is plainly wrong or without evidence to support it.” Ellis v. Commonwealth, 29 Va. App. 548, 554-55 , 513 S.E.2d 453, 456 (1999) (citing Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991)).
discussed Cited as authority (rule) Robert Marshall Parrish v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
When considering the sufficiency of the evidence below, “we grant the judgment of the trial court sitting without a jury the same weight as a jury verdict and will not disturb that judgment on appeal unless it is plainly wrong or without evidence to support it.” Ellis v. Commonwealth, 29 Va. App. 548, 554-55 , 513 S.E.2d 453, 456 (1999) (citing Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991)).
discussed Cited as authority (rule) Hunter v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
When considering the sufficiency of the evidence below, “we grant the judgment of the trial court sitting without a jury the same weight as a jury verdict and will not disturb that judgment on appeal unless it is plainly wrong or without evidence to support it.” Ellis v. Commonwealth, 29 Va.App. 548, 554-55 , 513 S.E.2d 453, 456 (1999) (citing Myrick v. Commonwealth, 13 Va.App. 333, 339 , 412 S.E.2d 176, 179 (1991)).
discussed Cited as authority (rule) Johnny Earl Arrington v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
“When ruling upon the sufficiency of the evidence, we -2- grant the judgment of the trial court sitting without a jury the same weight as a jury verdict and will not disturb that judgment on appeal unless it is plainly wrong or without evidence to support it.” Ellis v. Commonwealth, 29 Va. App. 548, 554-55 , 513 S.E.2d 453, 456 (1999) (citing Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991)).
discussed Cited as authority (rule) John Wade Dyer v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
“When ruling upon the sufficiency of the evidence, we grant the judgment of the trial court sitting without a jury the same weight as a jury verdict and will not disturb that judgment on appeal unless it is plainly wrong or without evidence to support it.” Ellis v. Commonwealth, 29 Va. App. 548, 554-55 , 513 S.E.2d 453, 456 (1999) (citing Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991)).
examined Cited as authority (rule) Brown v. Commonwealth (3×) also: Cited "see, e.g."
Va. Ct. App. · 2009 · confidence medium
Butts v. Commonwealth, 145 Va. 800, 816 , 133 S.E. 764, 769 (1926); Randolph v. Commonwealth, 145 Va. 883, 889 , 134 S.E. 544, 546 (1926); Folson v. Commonwealth, 23 Va.App. 521 , 478 S.E.2d 316 (1996); Bradshaw v. Commonwealth, 16 Va.App. 374, 379 , 429 S.E.2d 881, 884 (1993); Myrick, v. Commonwealth, 13 Va.App. 333, 339 , 412 S.E.2d 176, 179 (1991).
examined Cited as authority (rule) Bell v. Commonwealth (3×) also: Cited "see"
Va. Ct. App. · 2007 · confidence medium
“A written report offered -to prove the results of testing or of an analysis would generally be inadmissible hearsay evidence unless the person who conducted the testing or prepared the report testified to authenticate the document and verify its contents.” Myrick v. Commonwealth, 13 Va. App. 333, 336-37 , 412 S.E.2d 176, 178 (1991) (emphasis added).
discussed Cited as authority (rule) William Richard Hasson, III v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
“The best evidence rule . . . requires that the original of the document be produced only where the contents of the document per se are to be proved.” Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991).
discussed Cited as authority (rule) Commonwealth v. Williams
Charlottesville Cir. Ct. · 2005 · confidence medium
As the Court of Appeals stated in Myrick v. Commonwealth, “A written report offered to prove the results of testing or of an analysis would generally be inadmissible hearsay evidence unless the person who conducted the testing or prepared the report testified to authenticate the document and verify its content.” 13 Va. App. 333, 337-38 (1991) (citing Allen v. Commonwealth, 3 Va. App. 657 (1987)).
cited Cited as authority (rule) Woodrow Lee Abshire, Jr. v. Commonwealth
Va. Ct. App. · 2004 · confidence medium
Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991).
discussed Cited as authority (rule) Michael Joseph Dotson v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
The form promulgated by the Supreme Court, titled "REQUEST FOR COPY OF CERTIFICATE OF ANALYSIS," contains the following language: "I certify that a copy of this request has been mailed or delivered to the Commonwealth's Attorney of this jurisdiction on this ________ day of __________, ____________." Thus, the rule and related form now clearly specify the method by which a defendant requesting a copy of a certificate of analysis from the clerk must give notice to the Commonwealth of the request. - 6 - Under Code § 19.2-187, "a certificate of analysis is admissible to prove the truth of its con…
cited Cited as authority (rule) George Douglas Young, Jr. v. Commonwealth of VA
Va. Ct. App. · 2001 · confidence medium
However, "[t]he nature of an illegal substance may be demonstrated by circumstantial evidence." Myrick v. Commonwealth, 13 Va. App. 333, 339-40 , 412 S.E.2d 176, 179 (1991).
discussed Cited as authority (rule) Byron Vondell Lyons v. Commonwealth of Virginia
Va. Ct. App. · 2000 · confidence medium
The contents of a "written report offered to prove the results of testing or of an analysis would generally be inadmissible hearsay evidence," absent authentication and verification by "the person who conducted the testing or prepared the report." Myrick v. Commonwealth, 13 Va. App. 333, 336-37 , 412 S.E.2d 176, 178 (1991); Gray v. Commonwealth, 220 Va. 943, 945 , 265 S.E.2d 705, 706 (1980).
discussed Cited as authority (rule) Tina Renee Rosser v. Commonwealth of Virginia
Va. Ct. App. · 2000 · confidence medium
A. ADMISSIBILITY OF TESTIMONY ABOUT CONTENTS OF LETTER The best evidence rule requires that, "when the terms of a writing or document are material, the original must be produced unless it be shown that the original is unavailable, in which case secondary evidence may be introduced to prove the facts." Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991).
discussed Cited as authority (rule) Douglas James, Jr. v. Clarence H. Carter, Commis.
Va. Ct. App. · 2000 · confidence medium
In view of the proscription in the regulations, the service worker's testimony should not have been admitted in evidence. "[H]earsay . . . traditionally has been considered unreliable evidence." Myrick v. Commonwealth, 13 Va. App. 333, 337 , 412 S.E.2d 176, 178 (1991).
cited Cited as authority (rule) Ray Anthony Hulett v. Commonwealth of Virginia
Va. Ct. App. · 1999 · confidence medium
Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991).
discussed Cited as authority (rule) Robinson v. State
Md. · 1997 · confidence medium
United States v. Wright, 16 F.3d 1429, 1439 (6th Cir.), cert. denied, 512 U.S. 1243 , 114 S.Ct. 2759 , 129 L.Ed.2d 874 (1994); United States v. Kelly, 14 F.3d 1169, 1174 (7th Cir.1994); Griffin v. Spratt, 969 F.2d 16 , 22 n. 2 (3rd Cir.1992); United States v. Walters, 904 F.2d 765, 770 (1st Cir.1990); United States v. Westbrook, 896 F.2d 330, 336 (8th Cir.1990); United States v. Sanchez DeFundora, 893 F.2d 1173, 1175 (10th Cir.), cert. denied, 495 U.S. 939 , 110 S.Ct. 2190 , 109 L.Ed.2d 518 (1990); United States v. Brown, 887 F.2d 537, 542 (5th Cir.1989); United States v. Harrell, 737 F.2d 971…
discussed Cited as authority (rule) Cregger v. Commonwealth (2×)
Va. Ct. App. · 1997 · confidence medium
NOTES [1] Code § 18.2-266 proscribes the operation of a motor vehicle by any person having a "blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test" or while "under the influence of alcohol." Code § 18.2-269(A) creates a presumption that an accused with such blood alcohol concentration "was under the influence of alcohol at the time of the alleged offense." [2] See Bottoms v. Commonwealth, 20 Va.App. 466, 469 , 457 S.E.2d 796, 797 (1995); Woodward v. Commonwealth, 16 Va.App. 672, 674 , 432 S.E.2d…
examined Cited as authority (rule) Ronald Wayne Lewis v. Commonwealth (3×) also: Cited "see"
Va. Ct. App. · 1997 · confidence medium
Myrick v. Commonwealth, 13 Va. App. 333, 336-37 , 412 S.E.2d 176, 178 (1991). "[I]n the absence of the preparer of the certificate as a witness at trial, the failure of the Commonwealth fully to comply with the filing provisions of [Code] § 19.2-187 renders the certificate inadmissible." Gray v. Commonwealth, 220 Va. 943, 945 , 265 S.E.2d 705, 706 (1980). 3 Therefore, the Commonwealth's failure to file the certificate within seven days of the trial precluded the introduction of the certificate at trial "without independently proving the test results or authenticity of the report." Myrick, 13 …
discussed Cited as authority (rule) Jamarrian Chanrelle Wingfield v. Commonwealth
Va. Ct. App. · 1997 · confidence medium
"Since the statute authorizes the admission into evidence of documents whose reliability had not been independently proven, the requirement that the certificate be filed seven days in 5 advance provides some guarantee of trustworthiness in that it gives an accused an opportunity to verify the results or to subpoena and challenge those who constructed the analysis, should that be a contested issue." Myrick v. Commonwealth, 13 Va. App. 333, 337 , 412 S.E.2d 176, 178 (1991) (emphasis added).
discussed Cited as authority (rule) Stephen Douglas Payne v. Commonwealth
Va. Ct. App. · 1997 · confidence medium
Although the legislature has excepted a certificate of analysis prepared in accordance with Code * Pursuant to Code § 17-116.010 this opinion is not designated for publication. § 19.2-187 from the disability of hearsay, a certificate lacking the requisite attestation clause or otherwise not in "strict compliance" with the statute remains "subject to a valid hearsay objection." Frere v. Commonwealth, 19 Va. App. 460, 463-65 , 452 S.E.2d 682, 685-86 (1995); Myrick v. Commonwealth, 13 Va. App. 333, 337-38 , 412 S.E.2d 176, 178 (1991).
cited Cited as authority (rule) Michael Antoine Lee v. Commonwealth
Va. Ct. App. · 1997 · confidence medium
Myrick v. Commonwealth, 13 Va. App. 333, 337 , 412 S.E.2d 176, 178 (1991).
discussed Cited as authority (rule) Fern Mae Allocca v. Francis Anthony Allocca
Va. Ct. App. · 1996 · confidence medium
We disagree. “[T]he best evidence rule requires that, to prove the contents of a document, the ‘original must be produced unless it be shown that the original is unavailable, in which case secondary evidence may be introduced.’ ” Mostyn v. Commonwealth, 14 Va.App. 920, 923 , 420 S.E.2d 519, 521 (1992) (quoting Myrick v. Commonwealth, 13 Va.App. 333, 339 , 412 S.E.2d 176, 179 (1991)).
cited Cited as authority (rule) Milton Norris Turner v. Commonwealth
Va. Ct. App. · 1996 · confidence medium
See id.; see also Hill, 8 Va. App. at 65 , 379 S.E.2d at 137 ; Myrick v. Commonwealth, 13 Va. App. 333, 340 , 412 S.E.2d 176, 180 (1991).
discussed Cited as authority (rule) Winston v. Commonwealth
Va. Ct. App. · 1993 · confidence medium
The contents of a “written report offered to prove the results of testing or of an analysis would generally be inadmissible hearsay evidence,” absent authentication and verification by “the person who conducted the testing or prepared the report.” Myrick v. Commonwealth, 13 Va. App. 333, 336-37 , 412 S.E.2d 176, 178 (1991); Gray v. Commonwealth, 220 Va. 943, 945 , 265 S.E.2d 705, 706 (1980).
cited Cited as authority (rule) Mostyn v. Commonwealth
Va. Ct. App. · 1992 · confidence medium
This Court considered “whether a copy of the certificate of analysis qualifies as an original” in Myrick v. Commonwealth, 13 Va. App. 333, 338 , 412 S.E.2d 176, 179 (1991).
discussed Cited "see" Johnnie Kensley Brown, Jr. v. Commonwealth (2×)
Va. Ct. App. · 2007 · signal: see · confidence high
See Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991).
examined Cited "see" Williams v. Commonwealth (10×)
Va. Ct. App. · 2001 · signal: see · confidence high
See Myrick v. Commonwealth, 13 Va.App. 333, 337 , 412 S.E.2d 176, 178 (1991).
cited Cited "see" Ellis v. Commonwealth
Va. Ct. App. · 1999 · signal: see · confidence high
See Myrick v. Commonwealth, 13 *555 Va.App. 333, 339, 412 S.E.2d 176, 179 (1991).
examined Cited "see" Taylor v. Commonwealth (4×)
Va. Ct. App. · 1998 · signal: see · confidence high
See Myrick v. Commonwealth, 13 Va.App. 333, 337 , 412 S.E.2d 176, 178 (1991).
discussed Cited "see" Robert Eugene Hughes, III v. CW (2×)
Va. Ct. App. · 1997 · signal: see · confidence high
See Myrick v. Commonwealth, 13 Va. App. 333, 336-37 , 412 S.E.2d 176, 178 (1991)); see also Bradshaw v. Commonwealth, 16 Va. App. 374, 380 , 429 S.E.2d 881, 885 (1993) (citing William v. Morris, 200 Va. 413, 417 , 105 S.E.2d 829, 832 (1958)).
discussed Cited "see" Taylor v. Commonwealth (2×)
Va. Ct. App. · 1997 · signal: see · confidence high
See Myrick v. Commonwealth, 13 Va.App. 333, 336-37 , 412 S.E.2d 176, 178 (1991).
discussed Cited "see" Bradshaw v. Commonwealth (2×)
Va. Ct. App. · 1993 · signal: see · confidence high
See Myrick v. Commonwealth, 13 Va. App. 333, 339 , 412 S.E.2d 176, 179 (1991).
discussed Cited "see, e.g." Ronald Villarroel v. Railing Systems, LLC
Va. Ct. App. · 2026 · signal: see also · confidence medium
Woolworth Co., 234 Va. 198 (1987); see also Myrick v. Commonwealth, 13 Va. App. 333, 339 (1991) (quoting the relevant section of Carmody as instructive for a decision on the best evidence rule). - 11 - measuring, and mounting it.
discussed Cited "see, e.g." Folson v. Commonwealth (2×)
Va. Ct. App. · 1996 · signal: see also · confidence low
In Virginia, the best evidence rule provides that “where the contents of a writing are desired to be proved, the writing [the primary evidence] itself must be produced or its absence sufficiently accounted for before other evidence of its contents can be admitted.” Butts v. Commonwealth, 145 Va. 800, 816 , 133 S.E. 764, 769 (1926) (quoting 1 Greenleaf on Evidence 682 (16th ed.)); see also Myrick v. Commonwealth, 13 Va.App. 333, 339 , 412 S.E.2d 176, 179 (1991); Randolph v. Commonwealth, 145 Va. 883, 889 , 134 S.E. 544, 546 (1926); Bradshaw v. Commonwealth, 16 Va.App. 374, 379 , 429 S.E.2d …
discussed Cited "see, e.g." Hinton v. Commonwealth (2×)
Va. Ct. App. · 1992 · signal: see also · confidence low
The purchaser “testified that he had used cocaine approximately five hundred times,” “that he had been a cocaine dealer for several years,” “that the substance he purchased from [the defendant] looked like cocaine, affected him in the same manner in which cocaine affected him, and in fact was cocaine.” Id. at 64 , 379 S.E.2d at 136 ; see also Myrick v. Commonwealth, 13 Va. App. 333, 340 , 412 S.E.2d 176, 180 (1991).
Retrieving the full opinion text from the archive…
William Fernando Myrick
v.
Commonwealth of Virginia
Record No. 1477-89-2.
Court of Appeals of Virginia.
Nov 26, 1991.
412 S.E.2d 176
Counsel, Kenneth C. Chrisman (Binord, Johnson, Cloninger & Chrisman, on brief), for appellant., .Thomas D. Bagwell, Senior Assistant Attorney General (Mary Sue Terry, Attorney General, on brief), for appellee.
Coleman.
Cited by 48 opinions  |  Published

[*335] Opinion

COLEMAN, J.

William Myrick Sr., was convicted in a bench trial in the Circuit Court of the City of Petersburg for distribution of cocaine in violation of Code § 18.2-248. He contends on appeal: (1) that the trial court erred by admitting into evidence the certificate of drug analysis in violation of Code § 19.2-187; and (2) that the evidence was insufficient to sustain his conviction. We conclude that the court did not err by admitting the certificate of analysis and that the evidence was sufficient to prove Myrick’s guilt. Accordingly, we affirm the conviction.

An officer of the Petersburg Police Department who was engaged in surveillance of the 100 block of Halifax Street in the City of Petersburg observed Myrick make what the officer thought was a drug sale in the parking lot of Billy’s Grocery. Immediately after the transaction, the officer arrested the purchaser, Proferio Chambers, as he walked away. Another officer arrived at the scene and arrested Myrick. While no drugs were found on Myrick, Chambers, who had purchased two vials from Myrick, managed to swallow one vial just before he was arrested. The police seized the remaining vial from Chambers and sent it to a laboratory for analysis.

At Myrick’s trial, both the officer who witnessed the transaction and the officer who arrested Myrick testified. The witnessing officer testified that he saw Myrick give Chambers small plastic vials in exchange for money. Proferio Chambers testified for the Commonwealth and corroborated the observations of the police officer. Chambers stated that he was “hanging around” Billy’s Grocery watching drugs being sold when Myrick approached him and asked him if he was “looking for anything.” Initially Chambers said no, but then asked Myrick if he had “any rocks.” Myrick left, returned about two minutes later, and, in exchange for $20, gave Chambers two vials of what appeared to be, and were represented by Myrick to be, crack cocaine. Chambers testified that the vial he swallowed made him numb, and because of his knowledge of cocaine gained from prior use, he recognized the substance, from its appearance and from the sensation he experienced, as crack cocaine.

When the Commonwealth sought to introduce the certificate of analysis from the forensic laboratory identifying the substance as[*336] crack cocaine, Myrick objected on the ground that the filing requirements of Code § 19.2-187 had not been met because the certificate filed with the trial court was a copy and not the original. The Commonwealth’s attorney indicated that the original had been filed in the Petersburg General District Court in the companion case against Proferio Chambers. The Commonwealth’s attorney called the Clerk of the General District Court, presumably to testify that the original certificate was filed in that court. Myrick objected that the clerk was not permitted to testify by virtue of Code § 19.2-271. The court sustained that objection, and the clerk did not testify. However, over Myrick’s objection, the court allowed a clerical employee of the Commonwealth’s attorney to testify that she had filed the original certificate with the Peters-burg General District Court and that she had made a copy of that certificate, which she had filed at the direction of the Commonwealth’s attorney with the circuit court in Myrick’s case. Prior to testifying, she obtained from the Petersburg General District Court a certified copy of the original certificate, which was also introduced as evidence in Myrick’s trial. She compared the certified copy which she had obtained with the copy which she had previously filed in Myrick’s case, and she testified that both were identical copies of the original certificate. The trial court ruled that filing the copy seven days before trial substantially complied with the requirements of Code § 19.2-187, and the court admitted both copies over Myrick’s objection. Myrick was convicted, and this appeal followed.

I. CERTIFICATE OF ANALYSIS

The trial court did not err by permitting the employee from the Commonwealth’s attorney’s office to testify that she had made a photocopy of the original certificate and filed the original and the copy in the two courts and that she had obtained an authenticated copy of the original for comparison at trial. Her testimony was limited to explaining how she performed administrative duties of copying and filing documents and obtaining certified copies. She offered no evidence concerning the substance of the certificates, nor did she testify concerning any factual question pertaining to the charged offenses which was in dispute.

A written report offered to prove the results of testing or of an analysis would generally be inadmissible hearsay evidence unless the person who conducted the testing or prepared the report[*337] testified to authenticate the document and verify its contents. See Allen v. Commonwealth, 3 Va. App. 657, 353 S.E.2d 162 (1987). Code § 19.2-187 was enacted to allow into evidence a written report of an analysis or examination conducted by specified laboratories, without requiring that the technicians be present. The statute sets forth specific safeguards, however, with which the Commonwealth must comply when it seeks to have a certificate of drug analysis admitted into evidence without independently proving the test results or authenticity of the report:

In any hearing or trial of any criminal offense, a certificate of analysis of a person performing an analysis or examination, performed in any laboratory operated by the Division of Consolidated Laboratory Services or the Division of Forensic Science . . . shall be admissible in evidence as evidence of the facts therein stated and the results of the analysis or examination referred to therein, provided (i) the certificate of analysis is filed with the clerk of the court hearing the case at least seven days prior to the hearing or trial and (ii) a copy of such certificate is mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused at least seven days prior to the hearing or trial upon request of such counsel.

Code § 19.2-187. Strict compliance with the pretrial filing provisions of Code § 19.2-187 is required. See Gray v. Commonwealth, 220 Va. 943, 945, 265 S.E.2d 705, 706 (1980); Allen v. Commonwealth, 3 Va. App. 657, 663, 353 S.E.2d 162, 166 (1987) (strict compliance with filing provision). See also Stokes v. Commonwealth, 11 Va. App. 550, 399 S.E.2d 453 (1991) (extending strict compliance to mailing provision added to the statute in 1983); Mullins v. Commonwealth, 12 Va. App. 372, 404 S.E.2d 237 (1991). The policy behind requiring strict compliance is that the statute establishes an exception to the rule against admitting hearsay, which traditionally has been considered unreliable evidence. Since the statute authorizes the admission into evidence of documents whose reliability had not been independently proven, the requirement that the certificate be filed seven days in advance provides some guarantee of trustworthiness in that it gives an accused an opportunity to verify the results or to subpoena and challenge those who conducted the analysis, should that be a contested issue. As our Supreme Court said in Gray:

[*338] [Code § 19.2-187] deals with criminal matters, and it undertakes to make admissible evidence which otherwise might be subject to a valid hearsay objection. Thus, the statute should be construed strictly against the Commonwealth and in favor of the accused. This rule of construction is particularly applicable to the filing requirements of Code § 19.2-187; these requirements are contained in a proviso to the Code section. The proviso serves to limit and restrain what precedes it in the statute.

220 Va. at 945, 265 S.E.2d at 706 (citations omitted).

Myrick contends that the Commonwealth failed to comply strictly with the filing requirement because the certificate filed in Petersburg Circuit Court was a copy and was not the original document. Thus, Myrick’s objection on the ground that a copy rather than the original was filed raises neither a hearsay question nor a filing problem under Code § 19.2-187. Rather, Myrick’s objection raises a “best evidence” question, which is whether a copy of the certificate of analysis qualifies as an original or can be filed in lieu of the original for the purposes of pretrial filing as required by Code § 19.2-187. If the copy qualifies for filing, the authentication by the technician who did the analysis and prepared the certificate which was on the original, and is on the copy, obviates the hearsay problem. In addition, if the copy qualifies in lieu of an original, the filing requirement was satisfied because the copy was filed at least seven days prior to trial as required by Code § 19.2-187.

While Code § 19.2-187 provides for pretrial filing of a certificate, rather than for its admissibility in evidence, the purpose of the filing requirement is solely to satisfy the statutory prerequisites in order for the certificate to be admissible at trial; thus, in considering whether a copy, rather than the original, can be filed under Code § 19.2-187, the same requirements for admitting a copy into evidence must be satisfied.

Prior to trial, Myrick raised no question that the copy was not an accurate photocopy or was not a replica of the original. When he objected at trial to the admissibility of the photocopy which had been prefiled, he made no assertion that the photocopy differed from the original or that the photocopy contained any omissions, additions, deletions or inaccuracies. The Commonwealth,[*339] during trial, obtained a copy of the original which remained filed in the district court and had it certified in accordance with the requirement of Code § 8.01-389(A). The Commonwealth offered the certified copy in evidence to verify that the copy which had been prefiled and was now being offered in evidence was accurate and to explain the unavailability of the original.

The best evidence rule or original document rule requires that the original of the document be produced only where the contents of the document per se are to be proved. See C. Friend, Law of Evidence in Virginia §§ 192-195 (3d ed. 1988). In other words, when the terms of a writing or document are material, the original must be produced unless it be shown that the original is unavailable, in which case secondary evidence may be introduced to prove the facts. See E. Cleary, McCormick on Evidence § 230 (3d ed. 1984). Accepting that the content of the certificate was material to prove that test results had been obtained and reported, Myrick did not contest the content of the certificate or that the copy replicated the certificate. “While this Court has long required proof of a case through the most reliable evidence available,. . . [Myrick] has not challenged the content of the. . . [certificate] as represented in the photocopy.” Carmody v. F.W. Woolworth Co., 234 Va. 198, 200, 361 S.E.2d 128, 129 (1987). Moreover, the Commonwealth offered an authenticated copy which established that the copy which had been filed was accurate. Myrick did not challenge that fact. Moreover, whether the certificate is an original is an issue collateral to whether the certificate can be used to prove that an analysis was conducted and the results thereof. Accordingly, the trial court did not err in ruling that a photocopy of a certificate of analysis could be filed in lieu of an original certificate under Code § 19.2-187, provided the proof established that the photocopy was a replica of the original.

II. SUFFICIENCY OF THE EVIDENCE

On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly, wrong or without evidence to support it. Josephs v. Commonwealth, 10 Va. App. 87, 99, 390 S.E.2d 491, 497 (1990) (en banc). The nature of an illegal substance[*340] may be demonstrated by circumstantial evidence.

[E]vidence of the physical appearance of the substance involved in the transaction, evidence that the substance produced the expected effects when sampled by someone familiar with the illicit drug, evidence that the substance was used in the same manner as the illicit drug, testimony that a high price was paid in case for the substance, evidence that the transactions involving the substance were carried on with secrecy or deviousness, and evidence that the substance was called by the name of the illegal narcotic by the defendant or others in his presence.

Hill v. Commonwealth, 8 Va. App. 60, 63, 379 S.E.2d 134, 136 (1989). Even without the certificate of analysis, the evidence that the substance was cocaine was uncontroverted. See Brooks v. City of Newport News, 224 Va. 311, 315-16, 295 S.E.2d 801, 804 (1982). A police officer who was an eyewitness to the transaction testified that he saw Myrick and Chambers involved in a conversation; he then saw Myrick give Chambers small plastic vials filled with a white substance in exchange for money. Proferio Chambers testified that when he asked Myrick for “rocks,” he meant crack cocaine, and without objection from Myrick, he testified that he purchased crack cocaine. Chambers testified that when he swallowed the vial, he experienced the sensation of numbness,. which he recognized as the same effect he had experienced from his previous use of crack cocaine. The officer who packaged the remaining vial for laboratory analysis testified that in the twelve hundred cocaine cases in which he had been involved, the substance sold by Myrick was consistent with cocaine in texture, appearance, and in the way it was packaged.

The certificate of analysis provides additional proof that the substance was cocaine which Myrick sold to Chambers. The judgment of the trial court is affirmed.

Affirmed.

Barrow, J., and Cole, * J., concurred.

*

Judge Cole participated in the hearing and decision of this case prior to the effective date of his retirement on April 30, 1991, and thereafter by designation pursuant to Code § 17-116.01.