How cited: Smith v. Commonwealth · Go Syfert

Smith v. Commonwealth (1977)

green · 26 citation events across 2 courts. Showing the 9 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1978 → 2026 · click a year to view the case as of then
197820022026
Rule Authority · Va. Ct. App.
For evidence to sufficiently corroborate accomplice testimony, it must “connect[] the defendant to the crime and corroborate[] the defendant’s ‘occasion and opportunity for the crime,’” and be “sufficient to warrant the jury in crediting the truth of the accomplice’s testimony.” Id. (first quoting Holmes, 76 Va. App. at 57; and then quoting Smith v. Commonwealth, 218 Va. 455, 457 (1977) (per curiam)).
per curiam
Rule Authority · Va. Ct. App.
For evidence to sufficiently corroborate accomplice testimony, it must “connect[] the defendant to the crime and corroborate[] the defendant’s ‘occasion and opportunity for the crime’” and be “sufficient to warrant the jury in crediting the truth of the accomplice’s testimony.” Id. (first quoting Holmes, 76 Va. App. at 57; and then quoting Smith v. Commonwealth, 218 Va. 455, 457 (1977) (per curiam)).
per curiam
Rule Authority · Va. Ct. App.
The evidence is sufficiently corroborating when it connects the defendant to the crime and corroborates the defendant’s -8- “occasion and opportunity for the crime,” Holmes, 76 Va. App. at 57 (quoting Dillard, 216 Va. at 823 ), and when it is “sufficient to warrant the jury in crediting the truth of the accomplice’s testimony,” Smith v. Commonwealth, 218 Va. 455, 457 (1977) (per curiam) (quoting Dillard, 216 Va. at 823 ).
per curiam
Quote Authority · Va. Ct. App. · signal: see
See Smith v. Commonwealth, 218 Va. 455, 457 (1977) (“[T]he accomplice’s testimony was not sufficiently corroborated, and it was error to refuse a cautionary instruction.
“[T]he accomplice’s testimony was not sufficiently corroborated, and it was error to refuse a cautionary instruction. Accordingly, the judgment of the trial court will be reversed, and the case will be remanded for a new trial.”
Quote Authority · Va. Ct. App. · signal: see
See Smith v. Commonwealth, 218 Va. 455, 457 (1977) (“[T]he accomplice’s testimony was not sufficiently corroborated, and it was error to refuse a cautionary instruction.
“[T]he accomplice’s testimony was not sufficiently corroborated, and it was error to refuse a cautionary instruction. Accordingly, the judgment of the trial court will be reversed, and the case will be remanded for a new trial.”
Rule Authority · Va. Ct. App.
A cautionary instruction may be refused where other evidence corroborates “ ‘material facts which tend to connect the accused with the crime.’ ” Smith v. Commonwealth, 218 Va. 455, 457 , 237 S.E.2d 776, 777 (1977) (quoting Dillard, 216 Va. at 823 , 224 S.E.2d at 140 ).
quoting Dillard, 216 Va. at 823 , 224 S.E.2d at 140
Rule Authority · Va.
If it is, the instruction should be granted; if it is not lacking, the instruction should be refused. . . .” Smith v. Commonwealth, 218 Va. 455, 456 , 237 S.E.2d 776, 111 (1977) (quoting Dillard v. Commonwealth, 216 Va. 820, 822 , 224 S.E.2d 137, 139 (1976)).
quoting Dillard v. Commonwealth, 216 Va. 820, 822 , 224 S.E.2d 137, 139 (1976)
green Ward v. Commonwealth (1979)
Rule Authority · Va.
Smith v. Commonwealth, 218 Va. 455, 457 , 237 S.E.2d 776, 777 (1977).
green Allard v. Commonwealth (1978)
Cited · Va. · signal: see · 2 citations in this opinion
See Crosby v. Common wealth, 132 Va. 518 , 110 S.E. 270 (1922). and Russell v. Commonwealth, 216 Va. 833 , 223 S.E.2d 877 (1976). *993 In Smith v. Commonwealth, 218 Va. 455 , 237 S.E.2d 776 (1977) we held it error for a cautionary instruction to have been refused.