Blythe v. Commonwealth, 284 S.E.2d 796 (Va. 1981). · Go Syfert
Blythe v. Commonwealth, 284 S.E.2d 796 (Va. 1981). Cases Citing This Book View Copy Cite
“the purpose of 18.2-53 is to deter the use of specific forms of violence and thus lessen the risk of bodily harm to the potential victims of felonious crime.”
227 citation events (123 in the last 25 years) across 6 distinct courts.
Strongest positive: Rashad v. Commonwealth (vactapp, 2007-10-23)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Rashad v. Commonwealth (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2007 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the purpose of 18.2-53 is to deter the use of specific forms of violence and thus lessen the risk of bodily harm to the potential victims of felonious crime.
discussed Cited as authority (rule) Ben Matthew Wynkoop v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Where, as here, a defendant is charged in a single-trial setting, “the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.” Gregg, 295 Va. at 298 (quoting Blythe v. Commonwealth, 222 Va. 722, 725 (1981)).
discussed Cited as authority (rule) Jordan Anderson v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Where, as here, a defendant is charged in a single-trial setting, “the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.” Gregg, 295 Va. at 298 (quoting Blythe v. Commonwealth, 222 Va. 722, 725 (1981)).
cited Cited as authority (rule) Jonathan Almanza Zapata v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 726 (1981).
discussed Cited as authority (rule) Igor Peter Koob v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“In the single-trial setting, ‘the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.’” Commonwealth v. Gregg, 295 Va. 293, 298 (2018) (quoting Blythe v. Commonwealth, 222 Va. 722, 725 (1981)).
discussed Cited as authority (rule) John Robert Martin, s/k/a John Robert Martin, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
“It protects against a second prosecution for the same offense after acquittal[;] [i]t protects against a second prosecution for the same offense after conviction[;] [a]nd it protects against multiple punishments for the same offense.” Blythe v. Commonwealth, 222 Va. 722, 725 (1981) (quoting Illinois v. Vitale, 447 U.S. 410, 415 (1980)).
discussed Cited as authority (rule) Shannon Myers Tipton v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“In the single-trial setting, ‘the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.’” Andrews v. Commonwealth, 280 Va. 231 , 279 (2010) (quoting Blythe v. Commonwealth, 222 Va. 722, 725 (1981)).
discussed Cited as authority (rule) Saunders v. Clarke
E.D. Va. · 2020 · confidence medium
“In a single-trial setting, ‘the role of the constitutional guarantee is limited to assuring that the [circuit] court does not exceed its legislative authorization by imposing multiple punishments for the same offense.” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 798 (1981) (quoting Brown v. Ohio, 432 U.S. 161, 165 (1977)), quoted with approval in Johnson v. Commonwealth, 292 Va. 738, 741 , 793 S.E.2d 321, 322-23 (2016).
discussed Cited as authority (rule) Brandon Servais v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
When, as here, the pertinent “convictions occurred in a single trial, the only relevant constitutional guarantee is protection against multiple punishments for the same offense.” Payne v. Commonwealth, 277 Va. 531, 540 (2009) (citing Blythe v. Commonwealth, 222 Va. 722, 725 (1981)).
cited Cited as authority (rule) Carlos Camacho Garcia v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981) (quoting Blockburger, 284 U.S. at 304 ).
discussed Cited as authority (rule) James Melvin Howard v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“In the single-trial setting, ‘the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.’” Johnson, 292 Va. at 741 , 793 S.E.2d at 322 -23 (quoting Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 798 (1981)).
discussed Cited as authority (rule) Reggie Donnell Saunders v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
“In the single-trial setting, ‘the role of the constitutional guarantee is limited to assuring that the [circuit] court does not exceed its legislative authorization by imposing multiple punishments for the same offense.’” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 798 (1981) (quoting Brown v. Ohio, 432 U.S. 161, 165 (1977)), quoted with approval in Johnson v. Commonwealth, 292 Va. 738, 741 , 793 S.E.2d 321, 322-23 (2016).
discussed Cited as authority (rule) Michelle H. Tomlin v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
However, upon reviewing the record, we conclude that the appellate record is sufficient to address the issues raised by appellant’s third assignment of error. - 17 - distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each [offense charged] requires proof of an additional fact which the other does not.’” Id. (quoting Blockburger v. United States, 284 U.S. 299, 304 (1932)). “[I]n applying [the Blockburger] test, the two offenses are to be examined in the abstract, rather than with reference to the facts of the particul…
discussed Cited as authority (rule) Carroll Edward Gregg, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
“The constitutional provision concerning double jeopardy embodies three guarantees: £(1) “It protects against a second prosecution for the same offense after acquittal. [(2)] It protects against a second prosecution for the same offense after conviction. [ (3) ] And it protects against multiple punishments for the same offense.” ’ ” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981) (alterations in original) (quoting Illinois v. Vitale, 447 U.S. 410, 415 , 100 S.Ct. 2260, 2264 , 65 L.Ed.2d *382 228 (1980)).
discussed Cited as authority (rule) Ronald Edward Johnson, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Here, the bond paperwork appears in neither the appendix nor the record. -4- Va. 722, 725, 284 S.E.2d 796, 797 (1981) (quoting Illinois v. Vitale, 447 U.S. 410, 415 (1980) (footnotes omitted) (quoting North Carolina v. Pearce, 395 U.S. 711, 717 (1969))).
discussed Cited as authority (rule) Hugo Alberto Sandoval v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
“The constitutional provision concerning double jeopardy embodies three guarantees: ‘(1) It protects against a second prosecution for the same offense after acquittal. [ (2) ] It protects against a second prosecution for the same offense after conviction. [ (3) ] And it protects against multiple punishments for the same offense.’” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981) (quoting Illinois v. Vitale, 447 U.S. 410, 415 , 100 S.Ct. 2260, 2264 , 65 L.Ed.2d 228 (1980)).
discussed Cited as authority (rule) Jonathan Marquis Holley v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Under that test, when “the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each [offense charged] requires proof of a fact which the other does not.” Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180, 182 , 76 L.Ed. 306 (1932). “[I]n applying this test, the two offenses are to be examined in the abstract, rather than with reference to the facts of the particular case under review.” Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1…
discussed Cited as authority (rule) Amanda Lucille Ragan v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
“In the single-trial setting, ‘the role of [this] constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.’” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 798 (1981) (quoting Brown v. Ohio, 432 U.S. 161, 165 (1977)); see Stephens v. Commonwealth, 263 Va. 58, 62-63 , 557 S.E.2d 227, 230 (2002).
discussed Cited as authority (rule) David Michael Bomber v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
The Fifth Amendment guarantees that no person “shall . . . for the same offense . . . be twice put in jeopardy of life or limb.” “The constitutional provision concerning double jeopardy embodies three guarantees: ‘(1) “It protects against a second prosecution for the same offense after acquittal. [(2)] It protects against a second prosecution for the same offense after conviction. [(3)] And it protects against multiple punishments for the same offense.”’” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981) (quoting Illinois v. Vitale, 447 U.S. 410, 415 (1980))…
discussed Cited as authority (rule) Lawlor v. Commonwealth
Va. · 2013 · confidence medium
“The present case involves the third protection because [Lawlor’s] convictions, and the death sentences that resulted, occurred in a single trial.” Id. (citing Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797-98 (1981)).
discussed Cited as authority (rule) Tharrington v. Commonwealth
Va. Ct. App. · 2011 · confidence medium
“In the single-trial setting, ‘the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.’ ” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 798 (1981) (quoting Brown v. Ohio, 432 U.S. 161, 165 , 97 S.Ct. 2221, 2225 , 53 L.Ed.2d 187, 194 (1977)).
cited Cited as authority (rule) Andrews v. Com.
Va. · 2010 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797-98 (1981).
discussed Cited as authority (rule) King v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
In such a case, where both of the defendant’s convictions occurred in a single trial, “‘the only relevant constitutional guarantee is protection against multiple punishments for the same offense.’ ” Payne v. Commonwealth, 277 Va. 531, 540 , 674 S.E.2d 835, 839 (2009) (quoting Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797-98 (1981)).
cited Cited as authority (rule) Fullwood v. Com.
Va. · 2010 · confidence medium
Brown v. Ohio, 432 U.S. 161, 165 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977); Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981).
cited Cited as authority (rule) Payne v. Com.
Va. · 2009 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797-98 (1981).
discussed Cited as authority (rule) Bowden v. Commonwealth
Va. Ct. App. · 2008 · confidence medium
When determining “whether each [offense] requires proof of a fact which the other does not ... [,]” we examine the offenses “in the abstract, rather than with reference to the facts of the particular case under review.” Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981) (quoting Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180, 182 , 76 L.Ed. 306 (1932); citing Whalen v. United States, 445 U.S. 684, 688 , 100 S.Ct. 1432, 1435-36 , 63 L.Ed.2d 715 (1980)) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Payne v. Commonwealth
Va. Ct. App. · 2008 · confidence medium
De novo review is appropriate, because although determining legislative intent is a “factual inquiry,” Garrett v. United States, 471 U.S. 773, 779 , 105 S.Ct. 2407, 2411 , 85 L.Ed.2d 764 (1985), our determination of whether the legislature intended to impose cumulative punishments “involves an examination of the offenses ‘in the abstract, rather than with reference to the facts of the particular case under review.’ ” Dalo, 37 Va.App. at 164-65 , 554 S.E.2d at 709 (quoting Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981)).
cited Cited as authority (rule) Michael J. Courture v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
In Virginia, “manslaughter is a common law offense.” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981).
cited Cited as authority (rule) Couture v. Commonwealth
Va. Ct. App. · 2008 · confidence medium
In Virginia, “manslaughter is a common law offense.” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981).
discussed Cited as authority (rule) Hudgins v. Commonwealth (2×)
Va. Ct. App. · 2004 · confidence medium
See, e.g., Coleman v. Commonwealth, 261 Va. 196, 200 , 539 S.E.2d 732, 734 (2001) (“In applying the Blockburger test, we look at the offenses charged in the abstract, without referring to the particular facts of the case under review.”); Blythe v. Commonwealth, 222 Va. 722, 725-26 , 284 S.E.2d 796, 798 (1981); see also Whalen v. United States, 445 U.S. 684 , 694 n. 8, 100 S.Ct. 1432 , 1439 n. 8, 63 L.Ed.2d 715 (1980) (rejecting a contention in the dissent that it applied Blockburger to the particular facts alleged in the indictment).
discussed Cited as authority (rule) Jermaine Chambers, s/k/a, etc v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981). "[T]he test to be applied . . . is whether each [statutory] provision requires proof of a fact which the other does not." Blockburger v. United States, 284 U.S. 299, 304 (1932).
discussed Cited as authority (rule) Barbara Jane Smith v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
And, in applying this test, the two offenses are to be examined in the abstract, rather than with reference to the facts of the particular case under review. 16 "Assault" is defined at common law as: [A]n attempt or offer, with force and violence, to do some bodily hurt to another, whether from wantonness or malice, by means calculated to produce the end if carried into execution; as by striking at him with a stick or other weapon, or without a weapon, though he be not struck, or even by raising up the arm or a cane in a menacing manner, by throwing a bottle of glass with an intent to strike, …
examined Cited as authority (rule) Ragsdale v. Commonwealth (3×)
Va. Ct. App. · 2002 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 726, 284 S.E.2d 796, 798 (1981) (citing Whalen v. United States, 445 U.S. 684 , 694 n. 8, 100 S.Ct. 1432, 1439 , 63 L.Ed.2d 715 (1980)). .
discussed Cited as authority (rule) Johnson v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
In undertaking a Blockburger analysis, "the two offenses are to be examined in the abstract, rather than with reference to the facts of the particular case under review.” Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981).
examined Cited as authority (rule) Stephens v. Commonwealth (3×) also: Cited "see, e.g."
Va. · 2002 · confidence medium
The federal constitutional provision concerning double jeopardy embodies three guarantees: “[i]t protects against a second prosecution for the same offense after acquittal[; i]t protects against a second prosecution for the same offense after conviction[; a]nd it protects against multiple punishments for the same offense.” North Carolina v. Pearce, 395 U.S. 711, 717 (1969) (footnotes omitted), overruled on other grounds by Alabama v. Smith, 490 U.S. 794 (1989); accord Illinois v. Vitale, 447 U.S. 410, 415 (1980); Whalen v. United States, 445 U.S. 684, 688 (1980); Brown v. Ohio, 432 U.S. 16…
discussed Cited as authority (rule) Dalo v. Commonwealth
Va. Ct. App. · 2001 · confidence medium
Although determining legislative intent is “a factual inquiry,” Garrett, 471 U.S. at 779 , 105 S.Ct. 2407 , this analysis involves an examination of the offenses “in the abstract, rather than with reference to the facts of the particular case under review,” Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981).
cited Cited as authority (rule) Cotton v. Commonwealth
Va. Ct. App. · 2001 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981).
discussed Cited as authority (rule) Stephens v. Commonwealth
Va. Ct. App. · 2001 · confidence medium
Brown v. Ohio, 432 U.S. 161, 165 , 97 S.Ct. 2221, 2225 , 53 L.Ed.2d 187 (1977) (“Where consecutive sentences are imposed at a single criminal trial, the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.”); Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797-98 (1981).
discussed Cited as authority (rule) Connell v. Commonwealth (2×)
Va. Ct. App. · 2001 · confidence medium
In Virginia, “manslaughter is a common law offense.” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981).
cited Cited as authority (rule) Coleman v. Commonwealth
Va. · 2001 · confidence medium
Illinois v. Vitale, 447 U.S. 410, 415 (1980); North Carolina v. Pearce, 395 U.S. 711, 717 (1969); Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981).
discussed Cited as authority (rule) Charles Walter Clay, Jr. v. Commonwealth of VA
Va. Ct. App. · 2000 · confidence medium
Code § 19.2-264, upon which appellant also relies, provides similar protections: "If the same act be a violation of two or more statutes, . . . conviction under one of such statutes . . . shall be a bar to prosecution or proceeding under the other or others." 3 "[T]he analysis for what constitutes the same act or 3 The ways in which Code § 19.2-294 differs from double jeopardy protections, see, e.g., Hall v. Commonwealth, 14 Va. App. 892, 894 , 421 S.E.2d 455, 457 (1992) (en banc) (noting that statute does not bar multiple convictions for same act when obtained in a single trial whereas doub…
discussed Cited as authority (rule) Payne v. Commonwealth (2×)
Va. · 1999 · confidence medium
Illinois v. Vitale, 447 U.S. 410, 415 (1980); North Carolina v. Pearce, 395 U.S. 711, 717 (1969); Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981).
examined Cited as authority (rule) Weaver v. Commonwealth (3×) also: Cited "see"
Va. Ct. App. · 1997 · confidence medium
“Section 19.2-294, however, applies only where two or more statutory offenses are involved.” Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981) (emphasis in original) (defendant’s prior conviction for statutory offense did not bar prosecution for common law offense).
cited Cited as authority (rule) Seibert v. Commonwealth
Va. Ct. App. · 1996 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981).
cited Cited as authority (rule) William Edward Waldrop v. Commonwealth
Va. Ct. App. · 1995 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981).
examined Cited as authority (rule) Kenneth Wayne Long v. Commonwealth (3×) also: Cited "see"
Va. Ct. App. · 1995 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 725-26 , 284 S.E.2d 796, 797-98 (1981); see also United States v. Dixon, 509 U.S. __ , 113 S. Ct. 2849 (1993), overruling Grady v. Corbin, 495 U.S. 508 (1990)(reexamining the Blockburger doctrine); Brown v. Commonwealth, 230 Va. 313, 314 , 337 S.E.2d 711, 713 (1985)(stating courts must determine whether the legislature intended to make each violation a separate offense); Sullivan v. Commonwealth, 16 Va. App. 844, 846 , 433 S.E.2d 508, 509-10 (1993)(en banc)(describing the three distinct protections of the double jeopardy clause); Phoung v. Commonwealth, 15 …
discussed Cited as authority (rule) Henry v. Commonwealth (2×)
Va. Ct. App. · 1995 · confidence medium
Thus, we must look at the two offenses charged for the same act under the Blockburger test. "[I]n applying this test, the two offenses are to be examined in the abstract, rather than with reference to the facts of the particular case under review." Blythe v. Commonwealth, 222 Va. 722, 726 , 284 S.E.2d 796, 798 (1981).
cited Cited as authority (rule) Jonathan Kevin Wright v. Commonwealth
Va. Ct. App. · 1995 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 797 (1981).
cited Cited as authority (rule) Williams v. Commonwealth
Va. · 1994 · confidence medium
Blythe v. Commonwealth, 222 Va. 722, 725 , 284 S.E.2d 796, 798 (1981).
discussed Cited as authority (rule) Thomas v. Commonwealth (2×)
Va. · 1992 · confidence medium
In such a setting, “ ‘the role of the constitutional guarantee [against double jeopardy] is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.’ ” Blythe v. Commonwealth, 222 Va. 722, 725, 284 S.E.2d 796, 798 (1981) (quoting Brown v. Ohio, 432 U.S. 161, 165 (1977)).
James Calvin Blythe
v.
Commonwealth of Virginia
Record 810338.
Supreme Court of Virginia.
Dec 4, 1981.
284 S.E.2d 796
John E. Eure, Jr. (Eure and Johnson, on brief), for appellant. Linwood T. Wells, Jr., Assistant Attorney General (Marshall Coleman, Attorney General, on brief), for appellee.
Carrico.
Cited by 80 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Court of Appeals of Virginia (1)
CARRICO, C.J.,

delivered the opinion of the Court.

The defendant, James Calvin Blythe, was indicted separately for murder and the unlawful shooting, stabbing, cutting, or wounding of another in the commission of a felony (Code § 18.2-53). In a single jury trial, the defendant was convicted of voluntary manslaughter, with punishment fixed at ten years’ imprisonment, and of the wounding charge, with punishment fixed at five years’ imprisonment. The trial court imposed the prison terms fixed by the jury and ordered that the defendant serve the sentences consecutively.

The charges against the defendant grew but of a domestic dispute on June 18, 1980, during which the defendant stabbed his mother’s boyfriend, Earl Rivers. Medical evidence showed Rivers died from stab wounds to the neck and chest.

On appeal, the defendant contends that to convict and sentence him for both voluntary manslaughter and unlawful wounding violates statutory and constitutional prohibitions against multiple punishments for the same offense. The statutory argument is based upon Code § 19.2-294, which provides, in part:

If the same act be a violation of two or more statutes . . . conviction under one of such statutes . . . shall be a bar to a prosecution or proceeding under the other or others.

The defendant maintains that, because his single act of stabbing Rivers violated both Code § 18.2-35, [1] relating to voluntary manslaughter, and § 18.2-53, [2] concerning unlawful wounding, conviction under the first statute bars conviction under the other.

[*725] Section 19.2-294, however, applies only where two or more statutory offenses are involved. While the unlawful shooting, stabbing, cutting, or wounding of another is a statutory offense, voluntary manslaughter is not; manslaughter is a common law offense. Section 18.2-35, cited by the defendant and quoted in footnote 1, merely fixes the punishment for voluntary manslaughter; the section does not define the offense. Therefore, § 19.2-294 does not bar the defendant’s conviction and punishment for both voluntary manslaughter and unlawful wounding.

In his constitutional argument, the defendant focuses upon the provision that no person “shall ... for the same offense ... be twice put in jeopardy of life or limb.” U.S. Const., amend. V. The defendant reiterates his view concerning the singularity of his criminal act and emphasizes the sameness of the evidence supporting his convictions. The defendant asserts that the wounding charge was a lesser included offense of the murder charge, upon which he was convicted of voluntary manslaughter, and, thus, that his case satisfies the “same evidence” test formulated to determine the identity of offenses for double jeopardy purposes.

The constitutional provision concerning double jeopardy embodies three guarantees: “(1) ‘It protects against a second prosecution for the same offense after acquittal. [(2)] It protects against a second prosecution for the same offense after conviction. [(3)] And it protects against multiple punishments for the same offense.’” Illinois v. Vitale, 447 U.S. 410, 415 (1980), quoting North Carolina v. Pearce, 395 U.S. 711, 717 (1969). Because both the defendant’s convictions occurred in a single trial, only the third guarantee, viz., that against multiple punishments, is pertinent to resolution of the present appeal. Turner v. Commonwealth, 221 Va. 513, 529, 273 S.E.2d 36, 46-47 (1980).

In the single-trial setting, “the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.” Brown v. Ohio, 432 U.S. 161, 165 (1977). And, “the question whether punishments imposed by a court after a defendant’s conviction upon criminal charges are unconstitutionally multiple cannot be resolved without determining what punishments the Legislative Branch has authorized.” Whalen v. United States, 445 U.S. 684, 688 (1980). Or, stated another way, “the question of what punishments are constitutionally permissible is not different from the question of what punishments the Legisla[*726] tive Branch intended to be imposed.” Whalen, 445 U.S. at 698 (Blackmun, J., concurring). See also Busic v. United States, 446 U.S. 398, 413 (1980) (Blackmun, J., concurring).

The question resolves itself, therefore, into one of legislative intent where the issue is whether “the Legislative Branch” has provided that two offenses may be punished cumulatively. In divining this intent, the test to be applied is “whether each [offense] requires proof of a fact which the other does not.” Blockburger v. United States, 284 U.S. 299, 304 (1932). And, in applying this test, the two offenses are to be examined in the abstract, rather than with reference to the facts of the particular case under review. Whalen, 445 U.S. at 694 n.8.

We believe that, when viewed in the abstract, the charges involved in the present case qualify as separate offenses within the meaning of the Blockburger test and, therefore, that one offense is not lesser included within the other. The offense of murder, one of the charges against the defendant, requires proof of the victim’s death; the other charge, a violation of § 18.2-53, does not require proof of this fact. The § 18.2-53 charge requires proof of a shooting, stabbing, cutting, or wounding. [3] The murder charge does not require proof of any of these facts; murder may be committed by other means, e.g., by suffocating or poisoning the victim.

The defendant argues, however, that § 18.2-53 does not indicate any legislative intent that the punishment prescribed for a violation of the section should be in addition to the penalty provided for the primary felony in whose commission the shooting, stabbing, cutting, or wounding of another occurs. To support this argument, the defendant cites § 18.2-53.1, which prohibits the use or display of a firearm in the commission of murder, rape, robbery, burglary, malicious wounding, and abduction. As the defendant points out, § 18.2-53.1 provides that a violation of this section “shall constitute a separate and distinct felony” and that punishment therefor “shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.” Because a similar expression of intent does not appear in § 18.2-53, the defendant says,[*727] “the legislature did not intend to make Section 18.2-53 a separate offense.”

We disagree with the defendant. The purpose of § 18.2-53 is to deter the use of specific forms of violence and thus lessen the risk of bodily harm to the potential victims.of felonious crime. To effectuate this purpose, the General Assembly employed the only appropriate means available, viz., the imposition of punishment for the use of such violence in addition to the penalty prescribed for the primary felony. We believe the legislative intent to authorize cumulative punishment is clear in § 18.2-53, despite the absence of an express statement to that effect; indeed, we can perceive no other reason for the enactment of the section.

For the reasons assigned, the judgment of the trial court will be affirmed.

Affirmed.

1

§ 18.2-35. How voluntary manslaughter punished. — Voluntary manslaughter is punishable as a Class 5 felony.

2

§ 18.2-53. Shooting, etc., in committing or attempting a felony. — If any person in the commission of, or attempt to commit, felony, unlawfully shoot, stab, cut or wound another person he shall be guilty of a Class 6 felony.

3

Consistently, we have interpreted the term “wounding,” as used in statutes similar to § 18.2-53, to require proof of a breaking of the skin. Shackelford v. Commonwealth, 183 Va. 423, 426, 32 S.E.2d 682, 684 (1945); Harris v. Commonwealth, 150 Va. 580, 583, 142 S.E. 354, 355 (1928).