Salina v. Commonwealth, 225 S.E.2d 199 (Va. 1976). · Go Syfert
Salina v. Commonwealth, 225 S.E.2d 199 (Va. 1976). Cases Citing This Book View Copy Cite
“it is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.”
123 citation events (41 in the last 25 years) across 8 distinct courts.
Strongest positive: Townsend v. Com. (va, 2005-09-16)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 41 distinct citers.
examined Cited as authority (quoted) Townsend v. Com. (2×)
Va. · 2005 · quote attribution · 2 verbatim quotes · confidence low
it is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.
discussed Cited as authority (rule) Demetrius Dominique Brown v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Lovos-Rivas v. Commonwealth, 58 Va. App. 55, 60 (2011) (quoting Salina v. Commonwealth, 217 Va. 92, 93 (1976)). 6 The circuit court instructed the jury on first-degree murder under the theory of felony murder.
discussed Cited as authority (rule) Brian James Talbot v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Lovos-Rivas v. Commonwealth, 58 Va. App. 55, 60 (2011) (quoting Salina v. Commonwealth, 217 Va. 92, 93 (1976)).
cited Cited as authority (rule) Alexius Jarita Wilson v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 (1976).
cited Cited as authority (rule) L.C. Grant, III v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 (1976).
discussed Cited as authority (rule) Quante Anthony Jerren Carr, s/k/a Quante Anthony Jarren Carr v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the [circuit] court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 (1976) (citing Slade v. Commonwealth, 155 Va. 1099, 1106 (1931)).
discussed Cited as authority (rule) Benjamin Lawrence Burton v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 (1976) (citing Slade v. Commonwealth, 155 Va. 1099, 1106 (1931)).
discussed Cited as authority (rule) Cruz Montalvo Sanchez v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 (1976) (citing Slade v. Commonwealth, 155 Va. 1099, 1106 (1931)).
cited Cited as authority (rule) Mark Anthony Green v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 (1976).
discussed Cited as authority (rule) Julie M. Beavers v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The Supreme Court has also found that a stockholder in a company which is a party to the litigation would be per se disqualified from serving as a juror, see Salina v. Commonwealth, 217 Va. 92, 93-94 (1976), as would a prospective juror who is related within the ninth degree of affinity to the victim, see Gray v. Commonwealth, 226 Va. 591, 593 (1984). - 10 - Here, the entire venire indicated that they had no personal interest in the outcome of the case, that they had not obtained any information about the alleged offense, that they had not already expressed or formed an opinion about Beavers�…
discussed Cited as authority (rule) Ronald Edward Holmes, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“This principle necessarily implies that, for some decisions, conscientious jurists could reach different conclusions based on exactly the same 5 “It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 (1976).
discussed Cited as authority (rule) Brian Gene Smith v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Lovos-Rivas v. Commonwealth, 58 Va. App. 55, 60 (2011) (quoting Salina v. Commonwealth, 217 Va. 92, 93 (1976)).
discussed Cited as authority (rule) Antonio Tquan Terry, s/k/a Antonio T-Quan Terry v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Lovos-Rivas, 58 Va. App. at 60 (quoting Salina v. Commonwealth, 217 Va. 92, 93 (1976)).
discussed Cited as authority (rule) Wayne Gibson Weis, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
Here, appellant, through his timely motion to strike a juror for cause, has afforded the trial court a fair opportunity to rule intelligently on the issue of the impartiality of the prospective juror. -6- that purpose, to procure an impartial jury to try every case.” Lovos-Rivas v. Commonwealth, 58 Va. App. 55, 60 , 707 S.E.2d 27, 30 (2011) (quoting Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976)).
discussed Cited as authority (rule) Marion Kenneth Allen, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
“Thus, ‘[i]t is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.’” Roberts v. CSX Transp., Inc., 279 Va. 111, 116 , 688 S.E.2d 178, 181 (2010) (alteration in original) (quoting Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976)).
cited Cited as authority (rule) Cordes v. Associates of Internal Medicine
Pa. Super. Ct. · 2014 · confidence medium
Motors Corp., 743 F.2d 1049 , 1050 (4th Cir.1984); Thompson , 278 S.E.2d at 144 ; Salina v. Commonwealth, 217 Va. 92 , 225 S.E.2d 199, 200 (1976); Texas Power & Light, 404 S.W.2d at 943).
discussed Cited as authority (rule) Phillip C. BAY, S/K/A Philip C. Bay v. COMMONWEALTH of Virginia
Va. Ct. App. · 2012 · confidence medium
The Supreme Court of Virginia has also found that a stockholder in a company which is a party to the litigation would be automatically disqualified from serving as a juror, see Salina v. Commonwealth, 217 Va. 92, 93-94 , 225 S.E.2d 199, 200 (1976), as would a venireman who is related within the ninth degree of affinity to the victim, see Gray v. Commonwealth, 226 Va. 591, 593 , 311 S.E.2d 409, 410 (1984).
discussed Cited as authority (rule) Lovos-Rivas v. Commonwealth
Va. Ct. App. · 2011 · confidence medium
“It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
examined Cited as authority (rule) Roberts v. CSX Transp., Inc. (3×) also: Cited "see"
Va. · 2010 · confidence medium
Thus, "[i]t is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case." Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976) (citing Slade v. Commonwealth, 155 Va. 1099, 1106 , 156 S.E. 388, 391 (1931)).
cited Cited as authority (rule) Reeves v. Commonwealth
Va. Ct. App. · 2004 · confidence medium
Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) Reich v. Cominco Alaska, Inc.
Alaska · 2002 · confidence medium
Salina v. Commonwealth of Virginia, 217 Va. 92 , 225 S.E.2d 199, 200 (1976) (citation omitted); see also Shipman v. Johnson, 89 Ga.App. 620 , 80 S.E.2d 717, 721 (1954) (disqualifying prospective jurors who held stock in litigant's husband's insurer). 28 .
discussed Cited as authority (rule) Michael Anthony Winston v. Commonwealth of Virginia
Va. Ct. App. · 2000 · confidence medium
Virginia law is unequivocal that “[i]t is the duty of the trial [judge], through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976); see also Va. Const, art.
discussed Cited as authority (rule) William Childress v. Commonwealth of Virginia
Va. Ct. App. · 2000 · confidence medium
"It is the duty of the trial [judge], through the legal machinery provided for that purpose, to procure an impartial jury to try every case." Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) Lilly v. Commonwealth
Va. · 1998 · confidence medium
However, in noting his objection to the trial court’s retention of Shumate, Lilly’s counsel stated, “This is a relative and this is a friend.” “It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case.” Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) Thomas Langston v. Commonwealth
Va. Ct. App. · 1996 · confidence medium
"Accordingly, a trial court's decision on these issues will not be reversed on appeal without a showing of 'manifest error.'" Id. (quoting 1 See Barker v. Commonwealth, 230 Va. 370, 375 , 337 S.E.2d 729, 733 (1985) (automatic disqualification required based on juror's knowledge that defendant previously had been convicted for same offense for which he was being retried); Gray v. Commonwealth, 226 Va. 591, 593 , 311 S.E.2d 409, 410 (1984) (automatic disqualification required based on juror's kinship to victim in case); Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976) (automat…
discussed Cited as authority (rule) Leathio Williams v. Commonwealth (2×)
Va. Ct. App. · 1996 · confidence medium
A per se rule in Virginia has been approved only where the venireman knew of an accused’s prior conviction for the same offense, id.; stood in a near legal relationship to the victim of the accused, Gray v. Commonwealth, 226 Va. 591, 593 , 311 S.E.2d 409, 410 (1984), Jaques v. Commonwealth, 51 Va. (10 Gratt.) 690 , 693 (1853); or was a part owner of a victim bank; Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) Griffin v. Commonwealth (2×)
Va. Ct. App. · 1995 · confidence medium
Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
cited Cited as authority (rule) Williams v. Commonwealth
Va. Ct. App. · 1995 · confidence medium
Salina v. Commonwealth, 217 Va. 92, 94 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) Swanson v. Commonwealth (2×) also: Cited "see"
Va. Ct. App. · 1994 · confidence medium
Whenever “it shall appear to the court that [a] juror does not stand indifferent in the cause, another shall be . . . placed in his stead for the trial of that case.” Code § 8.01-358; Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976); Williams v. Commonwealth, 14 Va. App. 208, 213 , 415 S.E.2d 856, 859 (1992).
examined Cited as authority (rule) Williams v. Commonwealth (4×) also: Cited "see"
Va. Ct. App. · 1992 · confidence medium
In determining whether the trial court failed to properly exclude a juror, “Wright v. Commonwealth, 73 Va. (32 Gratt.) 941, 943 (1879) teaches us that where there is a reasonable doubt whether a juror is qualified, that doubt must be resolved in favor of the accused.” Salina v. Commonwealth, 217 Va. 92, 94 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) McGill v. Commonwealth
Va. Ct. App. · 1990 · confidence medium
Id. at 375 , 337 S.E.2d at 733 (automatic disqualification based on knowledge of an accused’s previous conviction of the same offense upon retrial); Gray v. Commonwealth, 226 Va. 591, 593 , 311 S.E.2d 409, 410 (1984) (automatic disqualification based on kinship to party or victim); Salina v. Commonwealth, 217 Va. 92, 94 , 225 S.E.2d 199, 200 (1976) (automatic disqualification based on ownership of stock in victim corporation).
discussed Cited as authority (rule) Diehl v. Commonwealth
Va. Ct. App. · 1989 · confidence medium
Breeden v. Commonwealth, 217 Va. 297, 298 , 227 S.E.2d 734, 735 (1976); Salina v.Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976). *34 Reasonable doubt as to a juror’s impartiality must be resolved in favor of the accused.
cited Cited as authority (rule) Gosling v. Commonwealth
Va. Ct. App. · 1989 · confidence medium
Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
examined Cited as authority (rule) Educational Books, Inc. v. Commonwealth (3×) also: Cited "see, e.g."
Va. Ct. App. · 1986 · confidence medium
See, e.g., Breeden v. Commonwealth, 217 Va. 297, 298 , 227 S.E.2d 734, 735 (1976); Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) Wallace v. Alabama Power Co.
Ala. · 1986 · confidence medium
See, Thompson v. Sawnee Electric Membership Corp., 157 Ga.App. 561 , 278 S.E.2d 143, 144 (1981); Salina v. Commonwealth, 217 Va. 92 , 225 S.E.2d 199, 200 (1976); Southern Bell Telephone & Telegraph Co. v. Shepard, 262 S.C. 217 , 204 S.E.2d 11, 12 (1974); Ozark Border Electric Cooperative v. Stacy, 348 S.W.2d 586, 588 (Mo.App. 1961); Texas Power & Light Co. v. Adams, 404 S.W.2d 930, 943 (Tex.Civ.App.1966).
discussed Cited as authority (rule) Scott v. Commonwealth (2×)
Va. Ct. App. · 1986 · confidence medium
Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976).
discussed Cited as authority (rule) Breeden v. Commonwealth
Va. · 1976 · confidence medium
In Salina v. Commonwealth, 217 Va. 92, 93 , 225 S.E.2d 199, 200 (1976), we held that veniremen who owned stock in a bank which was the victim of the crime charged against the accused could not stand indifferent in the cause.
discussed Cited "see" Williams v. Netherland (2×)
E.D. Va. · 2002 · signal: see · confidence high
See Salina v. Commonwealth, 217 Va. 92, 94 , 225 S.E.2d 199, 200 (1976); accord Cantrell v. Crews, 259 Va. 47, 51 , 523 S.E.2d 502, 504 (2000).
discussed Cited "see, e.g." Antonio Lee Sutton v. Commonwealth of Virginia
Va. Ct. App. · 2024 · signal: see also · confidence medium
Under those circumstances, disqualification is mandatory; “no discretion is left to the court.” Id. at 593 ; see also Salina v. Commonwealth, 217 Va. 92, 93 (1976) (holding that veniremen owning stock in a bank, which was the victim of a crime, are disqualified from jury service).
discussed Cited "see, e.g." State Highway & Transportation Commissioner v. Dennison (2×)
Va. · 1986 · signal: see also · confidence low
See also Salina v. Commonwealth, 217 Va. 92 , 225 S.E.2d 199 (1976) (bank stockholder not qualified as juror to try charge of larceny from bank).
discussed Cited "see, e.g." STATE HIGHWAY AND TRANSP. COM'R v. Dennison (2×)
Va. · 1986 · signal: see also · confidence low
See also Salina v. Commonwealth, 217 Va. 92 , 225 S.E.2d 199 (1976) (bank stockholder not qualified as juror to try charge of larceny from bank).
Michael Theodore Salina
v.
Commonwealth of Virginia
Record 750964.
Supreme Court of Virginia.
Jun 11, 1976.
225 S.E.2d 199
Stephen G. Butler (McKee and Butler, on brief), for plaintiff in error., Jerry P. Slonaker, Assistant Attorney General (Andrew P. Miller, Attorney General, on brief), for defendant in error.
Harman.
Cited by 55 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 76%
Citer courts: Supreme Court of Virginia (2)
Harman, J.,

delivered the opinion of the court.

Michael Theodore Salina (Salina) was found guilty by a jury of two counts of grand larceny by check. His punishment was fixed at imprisonment for eight years on each count. We granted a writ of error to the trial court’s order sentencing Salina on these verdicts. The only issue here is Salina’s claim that the trial court erred in failing to sustain his challenge for cause to four members of the venire.

Salina was charged with larceny by check from two Winchester banks. Voir dire examination disclosed that four of the members of the venire owned stock in one or both of the banks. Each indicated that his stock ownership was not “substantial”. When asked whether[*93] their stock ownership would in any way affect their “judgment in the case involving theft from that bank”, two of the veniremen unequivocally answered “no”; Venireman Johnson responded: “I don’t think so”; and Venireman Belchic answered: “Yes. No. I doubt that it would affect my judgment.”

Salina’s attorney moved that these four veniremen be stricken for cause in view of their stock ownership. This motion was denied by the trial court and three of the veniremen, including Johnson and Belchic, served on the jury at trial.

In any criminal prosecution, the accused is entitled to a trial by an impartial jury. U.S. Const, amend. VI; Va. Const, art. I, § 8.

If, upon voir dire examination or upon other competent evidence, it appears that a juror does not stand indifferent in the cause, another shall be drawn or called and placed in his stead for the trial of that case. Code § 8-208.28; Rules of Court 3A:20(b). It is the duty of the trial court, through the legal machinery provided for that purpose, to procure an impartial jury to try every case. Slade v. Commonwealth, 155 Va. 1099, 1106, 156 S. E. 388, 391 (1931).

While the Attorney General appears to concede that the stockholder of a corporation is disqualified to serve as a juror in civil litigation in which that corporation is a party or has a pecuniary interest, he argues that the same rule does not apply to a criminal prosecution where the corporation is the victim of the crime. He says this is so because the criminal offense is one against the state for a “public wrong”. In support of this position, he cites no direct authority but relies on general statements from various opinions which are made inapposite by the facts of those cases.

That a stockholder in a company which is a party to a lawsuit is incompetent to sit as a juror is well settled. Chesnut v. Ford Motor Co., 445 F. 2d 967, 971 (4th Cir. 1971). A stockholder in a corporation is not only incompetent to act as a juror in a case where the corporation is a party, he is likewise incompetent, to serve where the corporation has a direct pecuniary interest in the controversy. 50 C.J.S., Juries, § 213 (1947); 47 Am. Jur. 2d, Jury, § 325 (1969).

Some courts have gone so far as to disqualify, as a principal challenge, relatives within the prohibited degree of relationship to a stockholder in a cause where the corporation is a party or has a pecuniary interest. Armor. 86 A.L.R. 120. Thus in Miller v. United States, 38 App. D.C. 361, 40 L.R.A. (N.S.) 973 (1912), the son of a stock[*94] holder was held subject to “common-law disqualification” in a criminal prosecution for embezzlement from the corporation.

A member of a cooperative association has been held to be disqualified on the trial of a defendant for a burglary of the association’s property, State v. Thomlinson, 78 S. D. 235, 100 N.W. 2d 121 (1960), and the members of a fraternal order and the ladies auxiliary of that lodge were likewise held disqualified on trial of a defendant charged with burglary of the lodge’s premises. State v. Stuart, 206 Kan. 11, 476 P. 2d 975 (1970).

In Jaques v. Commonwealth, 51 Va. (10 Gratt.) 690 (1853), which was a prosecution for arson, we held that the nephew of the victim’s deceased wife, who died leaving issue, was subject to a principal challenge and disqualified to serve as a juror. In so doing we followed the common law rule that one related to the victim within the ninth degree by consanguinity or affinity was not competent to serve as a juror. Wright v. Commonwealth, 51 Va. (32 Gratt.) 941, 943 (1879), teaches us that where there is a reasonable doubt whether a juror is qualified, that doubt must be resolved in favor of the accused.

The reasons underpinning the disqualification of prospective jurors within the prohibited degree of consanguinity or affinity to the victim set forth in Jaques, i.e., “that the feelings of the party injured and of his relations, are generally more excited by a personal wrong or an injury to property resulting in prosecution for felony, than in ordinary controversies involving mere questions of property,” apply with even greater force where, as here, the criminal act suffered by the corporation has the direct effect of diminishing the assets of the corporation held for the benefit of its stockholders. We cannot see how, in such circumstances, a stockholder, regardless of the size of his holdings, could be said to stand indifferent in the cause.

This judgment is reversed and remanded for a> new trial.

Reversed and remanded.