Carter v. Commonwealth, 290 S.E.2d 865 (Va. 1982). · Go Syfert
Carter v. Commonwealth, 290 S.E.2d 865 (Va. 1982). Cases Citing This Book View Copy Cite
199 citation events (132 in the last 25 years) across 4 distinct courts.
Strongest positive: Doroteo Diaz Martinez v. Commonwealth of Virginia (vactapp, 2024-03-26)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Doroteo Diaz Martinez v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Presence Despite a defendant’s statements regarding his whereabouts at the time a crime occurred, “[t]he fact finder need not believe the accused’s explanation and may infer that he is trying to conceal his guilt.” Carter v. Commonwealth, 223 Va. 528, 532 (1982) (quoting Black v. Commonwealth, 222 Va. 838, 842 (1981)).
discussed Cited as authority (rule) Teresa Mary Maust v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
The conviction will be affirmed “unless it is plainly wrong or without evidence to support it.” Sarka v. Commonwealth, 73 Va. App. 56 , 62 (2021) (quoting Austin v. Commonwealth, 60 Va. App. 60, 65 (2012)). “[W]here a fact is equally susceptible of two interpretations one of which is consistent with the innocence of the accused, [the trier of fact] cannot arbitrarily adopt that interpretation which incriminates [the accused].” Wright v. Commonwealth, 292 Va. 386, 397 (2016) (alterations in original) (quoting Commonwealth v. Smith, 259 Va. 780, 782 (2000)). “[W]here, as here, a convic…
discussed Cited as authority (rule) Yasir Malik Smith v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
The conviction will be affirmed “unless it is plainly wrong or without evidence to support it.” Sarka v. Commonwealth, 73 Va. App. 56 , 62 (2021) (quoting Austin v. Commonwealth, 60 Va. App. 60, 65 (2012)). “[W]here a fact is equally susceptible of two interpretations one of which is consistent with the innocence of the accused, [the trier of fact] cannot arbitrarily adopt that interpretation which incriminates [the accused].” Wright v. Commonwealth, 292 Va. 386, 397 (2016) (alterations in original) (quoting Commonwealth v. Smith, 259 Va. 780, 782 (2000)). “[W]here, as here, a convic…
discussed Cited as authority (rule) Teresa Mary Maust v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
The conviction will be affirmed “unless it is plainly wrong or without evidence to support it.” Sarka v. Commonwealth, 73 Va. App. 56 , 62 (2021) (quoting Austin v. Commonwealth, 60 Va. App. 60, 65 (2012)). “[W]here a fact is equally susceptible of two interpretations one of which is consistent with the innocence of the accused, [the trier of fact] cannot arbitrarily adopt that interpretation which incriminates [the accused].” Wright v. Commonwealth, 292 Va. 386, 397 (2016) (alterations in original) (quoting Commonwealth v. Smith, 259 Va. 780, 782 (2000)). “[W]here, as here, a convic…
discussed Cited as authority (rule) Katherine Adelle Kelly v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“If there is evidentiary support for the conviction, ‘the reviewing court is not permitted to substitute its own judgment, even if its opinion might differ from the conclusions reached by the finder of fact at the trial.’” Chavez v. -9- Commonwealth, 69 Va. App. 149, 161 (2018) (quoting Banks v. Commonwealth, 67 Va. App. 273, 288 (2017)). “[W]here a fact is equally susceptible of two interpretations one of which is consistent with the innocence of the accused, [the trier of fact] cannot arbitrarily adopt that interpretation which incriminates [the accused].” Wright v. Commonwealth,…
discussed Cited as authority (rule) Gregory Keith Turner v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Where a conviction is based on circumstantial evidence, “all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence.” Garland v. Commonwealth, 225 Va. 182, 184 (1983) (quoting Carter v. Commonwealth, 223 Va. 528, 532 (1982)). 2.
discussed Cited as authority (rule) Dominic Alex Nunez v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
The conviction will be affirmed “unless it is plainly wrong or without evidence to support it.” Sarka v. Commonwealth, 73 Va. App. 56 , 62 (2021) (quoting Austin v. Commonwealth, 60 Va. App. 60, 65 (2012)). -4- “[W]here a fact is equally susceptible of two interpretations one of which is consistent with the innocence of the accused, [the trier of fact] cannot arbitrarily adopt that interpretation which incriminates [the accused].” Wright v. Commonwealth, 292 Va. 386, 397 (2016) (alterations in original) (quoting Commonwealth v. Smith, 259 Va. 780, 782 (2000)). “[W]here, as here, a co…
discussed Cited as authority (rule) Kareem Hasson Turner v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
BACKGROUND “The evidence and all just and reasonable inferences therefrom must be viewed on appeal in the light most favorable to the [Commonwealth].” Pijor v. Commonwealth, 294 Va. 502, 516 , 808 S.E.2d 408, 415 (2017) (alteration in original) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Harry Lionel Hunter, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
BACKGROUND “The evidence and all just and reasonable inferences therefrom must be viewed on appeal in the light most favorable to the [Commonwealth].” Pijor v. Commonwealth, 294 Va. 502, 516 , 808 S.E.2d 408, 415 (2017) (alteration in original) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
cited Cited as authority (rule) Nicholas David Pelloni v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
cited Cited as authority (rule) Joel Kenneth Simmons v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982). “[W]e may not substitute our judgment” for that of the trier of fact.
discussed Cited as authority (rule) Stephon Jermain Turner v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Finally, when a conviction is based on circumstantial evidence, “‘all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and [must] exclude every reasonable hypothesis of innocence.’” Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982) (quoting Inge v. Commonwealth, 217 Va. 360, 366 , 228 S.E.2d -5- 563, 567 (1976)).
discussed Cited as authority (rule) Taylor v. Commonwealth
Va. Ct. App. · 2012 · confidence medium
“A defendant’s false statements are probative to show he is trying to conceal his guilt, and thus is evidence of his guilt.” Rollston v. Commonwealth, 11 Va.App. 535, 548 , 399 S.E.2d 823, 831 (1991) (citing Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982); Toler v. Commonwealth, 188 Va. 774, 782 , 51 S.E.2d 210, 214 (1949)).
discussed Cited as authority (rule) Cecelia Leigh Burnette v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
“The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va.App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735 , 736-37 *477 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Joseph Michael Rodriguez, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
“The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va. App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Sheldon Andre Swilling v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
While Oakley had held appellant at gunpoint two years earlier in another confrontation, which would have supported a finding that appellant could reasonably have feared for his safety -5- when Oakley and Roberts confronted him on April 21, 2009, the trier of fact was free to conclude appellant failed to prove he in fact harbored such fear on that date. 3 “The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va. App. 133, 138 , 455 S…
discussed Cited as authority (rule) Steven Prevounce Lamb v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
Rawls, 272 Va. at 350 , 634 S.E.2d at 705 . “[W]here, as here, a conviction is based on circumstantial evidence, ‘all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence.’” Garland v. Commonwealth, 225 Va. 182, 184 , 300 S.E.2d 783, 784 (1983) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Neil Wayne Hounshell, s/k/a Neil Wayne Hounshell, II v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
“A defendant’s false statements are probative to show he is trying to conceal his guilt, and thus is evidence of his guilt.” Rollston v. Commonwealth, 11 Va. App. 535, 548 , 399 S.E.2d 823, 831 (1991) (citing Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Smith v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
“The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va.App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Nicholson v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
Thus, “the credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va.App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Kovalaske v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
However, “the credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va.App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Alexander R. Mervin-Frazier v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
“The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. -9- Commonwealth, 20 Va. App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Wayne O. Leake v. Susan J. Taylor
Va. Ct. App. · 2010 · confidence medium
Our jurisprudence commands that great deference be given to the circuit court’s factual findings, for “[t]he credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented.” Sandoval v. Commonwealth, 20 Va. App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. - 16 - Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Murillo-Rodriguez v. Com.
Va. · 2010 · confidence medium
Murillo-Rodriguez stated that his actions were "un delito grave" (a serious crime) and when asked what crime he committed, he replied "[a]buso sexual" (sexual abuse). [3] See, e.g., Canady v. Commonwealth, 214 Va. 331, 332-33 , 200 S.E.2d 575, 576-77 (1973) (per curiam); Tolley v. Commonwealth, 216 Va. 341, 347 , 218 S.E.2d 550, 554 (1975); Inge v. Commonwealth, 217 Va. 360, 366 , 228 S.E.2d 563, 567 (1976); Hargraves v. Commonwealth, 219 Va. 604, 605 , 248 S.E.2d 814, 815 (1978); Carter v. Commonwealth, 223 Va. 528, 531 , 290 S.E.2d 865, 866-67 (1982); Starks v. Commonwealth, 225 Va. 48, 55 ,…
discussed Cited as authority (rule) David Edwin Saunders v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Moreover, Saunders’ counsel clarified at oral argument that he was only challenging the sufficiency of the evidence to prove that Saunders committed a “breaking.” -5- 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
cited Cited as authority (rule) Elliott v. Com.
Va. · 2009 · confidence medium
Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
cited Cited as authority (rule) Jesse D. Cayton, Jr., s/k/a Jesse Delwin Cayton, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
cited Cited as authority (rule) Frederick Christopher James v. Commonwealth of Virginia
Va. Ct. App. · 2007 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
examined Cited as authority (rule) Williams v. Commonwealth (6×) also: Cited "see"
Va. Ct. App. · 2007 · confidence medium
Compare id. at 791-92 , 75 S.E.2d at 486-87 (presumption supporting conviction where defendant was in possession of combination of tools commonly used in commission of burglaries); Nance v. Commonwealth, 203 Va. 428, 430-31 , 124 S.E.2d 900, 902-03 (1962) (same); and Hagy, 35 Va.App. at 156-58 , 543 S.E.2d at 616-17 (same); with Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982) (screwdriver that "could be used in a break-in” was only tool in defendant’s possession, and conviction was without benefit of presumption). .
discussed Cited as authority (rule) Mildred Renee Oliver v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
“A defendant’s false statements are probative to show he is trying to conceal his guilt, and thus is evidence of his guilt.” Rollston v. Commonwealth, 11 Va. App. 535, 548 , 399 S.E.2d 823, 831 (1991) (citing Carter v. Commonwealth, 223 Va. 528, 432 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Samantha Leigh Thomas v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
A false or evasive account is a circumstance, similar to flight from a crime scene, that a fact-finder may properly consider as evidence of guilty knowledge.” Id. (citing Emmett v. Commonwealth, 264 Va. 364, 372 , 569 S.E.2d 39, 45 (2002); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982); Toler v. Commonwealth, 188 Va. 774, 782 , 51 S.E.2d 210, 214 (1949)); see also Wright v. West, 505 U.S. 277, 296 (1992) (trier of fact may consider perjured testimony as affirmative evidence of guilt); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Rollston, 11 Va…
cited Cited as authority (rule) Robert Lee Williams, Jr. v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982) (citing Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981)).
cited Cited as authority (rule) William Edward Dance, Jr. v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
Crater v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
discussed Cited as authority (rule) Robert Neal Jr v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
In resolving the issue of constructive possession, "the Court must consider 'the totality of the circumstances disclosed by the evidence.'" Archer v. Commonwealth, 26 Va. App. 1, 12 , 492 S.E.2d 826, 832 (1997) (quoting Womack v. Commonwealth, 220 Va. 5, 8 , 255 S.E.2d 351, 353 (1979)). - 5 - "Proof of constructive possession necessarily rests on circumstantial evidence; thus, '"all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence."'" Burchette v. Commonwealth, 15 Va. App. 432, 434 , 425 S.E.2d 81,…
discussed Cited as authority (rule) Rosalind M Mabry v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
Thus, in resolving the issue of constructive possession, "the Court must consider 'the totality of the circumstances disclosed by the evidence.'" Archer v. Commonwealth, 26 Va. App. 1, 12 , 492 S.E.2d 826, 832 (1997) (quoting Womack v. Commonwealth, 220 Va. 5, 8 , 255 S.E.2d 351, 353 (1979)). - 3 - "Proof of constructive possession necessarily rests on circumstantial evidence; thus, '"all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence."'" Burchette v. Commonwealth, 15 Va. App. 432, 434 , 425 S.E.…
discussed Cited as authority (rule) Kenneth James Hunter v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
"Proof of constructive possession necessarily rests on circumstantial evidence; thus, '"all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence."'" Burchette v. Commonwealth, 15 Va. App. 432, 434 , - 2 - 425 S.E.2d 81, 83 (1992) (quoting Garland v. Commonwealth, 225 Va. 182, 184 , 300 S.E.2d 783, 784 (1983) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982))).
discussed Cited as authority (rule) Wallace Lee Stokes v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
Because "[p]roof of constructive possession necessarily rests on circumstantial evidence[,] . . . '"all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence."'" Burchette v. Commonwealth, 15 - 9 - Va. App. 432, 434, 425 S.E.2d 81, 83 (1992) (quoting Garland v. Commonwealth, 225 Va. 182, 184 , 300 S.E.2d 783, 784 (1983) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982))).
discussed Cited as authority (rule) John Trevor Vilacha v. Commonwealth of VA
Va. Ct. App. · 2002 · confidence medium
Because "[p]roof of constructive possession necessarily rests on circumstantial evidence[,] . . . '"all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence."'" Burchette v. Commonwealth, 15 Va. App. 432, 434 , 425 S.E.2d 81, 83 (1992) (quoting Garland v. Commonwealth, 225 Va. 182, 184 , 300 S.E.2d 783, 784 (1983) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982))).
discussed Cited as authority (rule) Dirk Williams v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
"The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented." Sandoval v. Commonwealth, 20 Va. App. 133, 138 , 455 S.E.2d 730, 732 (1995) (citing Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Melvin L. Gilmore v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
We recognize that where, as here, the element of knowledge "is based on circumstantial evidence, 'all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence.'" Garland v. Commonwealth, 225 Va. 182, 184 , 300 S.E.2d 783, 784 (1983) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Staton v. Commonwealth (2×)
Va. Ct. App. · 2001 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982) (the trial court determines the credibility of the witnesses and the weight of their testimony).
cited Cited as authority (rule) Elmer Nathaniel Adams v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982); Marable v. Commonwealth, 27 Va. App. 505, 509-10 , 500 S.E.2d 233, 235 (1998).
discussed Cited as authority (rule) Robert Wesley Deans, Jr. v. CW
Va. Ct. App. · 1998 · confidence medium
Assuming without deciding that the jury concluded that Davis lied to conceal appellant's guilt, see Speight v. Commonwealth, 4 Va. App. 83, 88 , 354 S.E.2d 95, 98 (1987) (en banc) (citing Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)), that credibility determination is not sufficient to exclude the reasonable hypothesis that appellant had no knowledge of the contraband concealed in the bag he picked up when directed to gather his belongings.
discussed Cited as authority (rule) Walker v. Commonwealth (2×)
Va. Ct. App. · 1997 · confidence medium
"A defendant's false statements are probative to show he is trying to conceal his guilt, and thus is evidence of his guilt." Rollston v. Commonwealth, 11 Va.App. 535, 548 , 399 S.E.2d 823, 831 (1991) (citing Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Denise Kelly O'Brien, etc. v. Commonwealth
Va. Ct. App. · 1996 · confidence medium
Indeed, "[t]he fact finder need not believe the accused's explanation," Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981), and may "infer that he [is lying] to conceal his guilt." Speight v. Commonwealth, 4 Va. App. 83, 88 , 354 S.E.2d 95, 98 (1987) (citing Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Carlton Harris, etc. v. Commonwealth
Va. Ct. App. · 1996 · confidence medium
We conclude that the evidence was sufficient to prove beyond a reasonable doubt that Harris possessed the cocaine. "[A]ll necessary circumstances proved [were] consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence." Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982) (citation omitted).
discussed Cited as authority (rule) Sandoval v. Commonwealth (2×)
Va. Ct. App. · 1995 · confidence medium
Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
cited Cited as authority (rule) Jetter v. Commonwealth
Va. Ct. App. · 1994 · confidence medium
Wright v. Commonwealth, 224 Va. 502, 505 , 297 S.E.2d 711, 713 (1982); Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982).
discussed Cited as authority (rule) Burchette v. Commonwealth
Va. Ct. App. · 1992 · confidence medium
Proof of constructive possession necessarily rests on circumstantial evidence; thus, “ ‘all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence.’ ” Garland v. Commonwealth, 225 Va. 182, 184 , 300 S.E.2d 783, 784 (1983) (quoting Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982)).
discussed Cited as authority (rule) Rollston v. Commonwealth
Va. Ct. App. · 1991 · confidence medium
Carter v. Commonwealth, 223 Va. 528, 532 , 290 S.E.2d 865, 867 (1982); Toler v. Commonwealth, 188 Va. 774, 782 , 51 S.E.2d 210, 214 (1949); see also Wilson v. United States, 162 U.S. 613, 621 (1896); United States v. Martindale, 790 F.2d 1129, 1132 (4th Cir.), cert. denied, 479 U.S. 855 (1986).
Joseph W. Carter, III
v.
Commonwealth of Virginia
Record 810416.
Supreme Court of Virginia.
Apr 30, 1982.
290 S.E.2d 865
Thomas J. Foltz; E. Thompson MaGoffin, Jr., for appellant., Richard B. Smith, Assistant Attorney General (Gerald L. Baliles, Attorney General, on brief), for appellee.
Stephenson.
Cited by 89 opinions  |  Published
STEPHENSON, J.,

delivered the opinion of the Court.

[*530] Joseph W. Carter, III, was convicted, following a bench trial, of the possession of tools with intent to commit larceny, in violation of Code § 18.2-94. [1] He was sentenced to five years in the penitentiary. The sole issue on appeal is whether the evidence is sufficient, as a matter of law, to sustain the conviction.

In the early afternoon of June 25, 1980, Police Officers E. T. Sines and Frank L. Bradley, while traveling along the George Washington Parkway, observed Andre Braxton standing behind a large tree approximately 100 yards to the rear of a residence. After stopping their vehicle, the officers observed the defendant at the back door of the residence. Officer Sines was suspicious because the defendant was wearing a wool sport coat and the temperature was 95°.

Carter left the rear of the house and went to the front door. He rang the door bell and was met by Lisa Murphy, a babysitter. Murphy testified that the defendant told her he was lost and wanted to get back to the District of Columbia.

Sines approached Carter as he left the house and ordered him to stop. A search revealed a large screwdriver (over 12” long) in the inside pocket of Carter’s coat. Carter was also carrying a towel. He told Sines his automobile “had broken down” and he had approached the residence to get help. He explained that he used the screwdriver to adjust the carburetor of the vehicle. The defendant also told Sines he had picked up Braxton as a hitchhiker and that he had asked him to remain at the tree line.

Thereafter, the two officers, the defendant, and Braxton went to Carter’s automobile. The car was over a half mile from the residence. There were a number of other houses closer to the defendant’s automobile and more visible from the Parkway than the residence in question. The officers asked Carter to start the vehicle, and Sines testified that it started immediately.

Officer Bradley, an experienced burglary investigator, characterized the screwdriver as one “you would use for prying up a window or a door after you got the door partially opened.” He also testified he had spoken with Braxton at the scene and Braxton had denied knowing Carter.

[*531] Carter testified in his own defense that he had been experiencing difficulties with the car all day and that he was lost. He further related that he stopped the car several times and attempted to adjust the carburetor by using the screwdriver, which he was carrying in his coat pocket. Carter decided to go to the residence to seek help. His primary intent was to call his sister and tell her he would be late picking her up from work. Carter admitted he said nothing to the babysitter about having car trouble and he didn’t ask to use the telephone.

On cross-examination, Carter stated there were several people at the place where he stopped his car, but he didn’t ask anyone there for assistance. He admitted he had been convicted of two felonies.

Braxton generally corroborated Carter’s testimony as to the car trouble and their being lost. However, he testified that Carter had gotten the screwdriver from the the trunk after they stopped on the Parkway. Further, he stated he had known Carter for about three months prior to the time of the alleged offense. Both Carter and Braxton denied any wrongdoing, and Officer Sines testified he found no physical evidence of an attempted break-in.

Carter first contends the trial court erred in refusing to strike the Commonwealth’s evidence at the end of its case-in-chief. He asserts the Commonwealth’s prima facie case was dependent upon the presumption found in the second sentence of the statute, and that the Commonwealth was not entitled to the benefit of the presumption because it presented no evidence that Carter was not a “licensed dealer.” [2] We need not address this argument. The defendant, by presenting evidence on his behalf, waived his right to stand on his motion to strike. Inge v. Commonwealth, 217 Va. 360, 366, 228 S.E.2d 563, 567 (1976); Spangler v. Commonwealth, 188 Va. 436, 438, 50 S.E.2d 265, 266 (1948). We will therefore weigh the sufficiency of the evidence by examining the entire record.

[*532] In passing upon the sufficiency of the evidence, we are guided by certain well-established principles. Since the fact finder had the opportunity of hearing and observing the witnesses, its findings are entitled to great weight. The evidence and all just and reasonable inferences therefrom must be viewed on appeal in the light most favorable to the appellee. In addition, the verdict of the trial court will not be disturbed unless it appears to be plainly wrong or without evidence to support it. Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975).

Finally, since evidence of the defendant’s intent is wholly circumstantial, “all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence.” Inge v. Commonwealth, 217 Va. 360, 366, 228 S.E.2d 563, 567 (1976). See also Stover v. Commonwealth, 222 Va. 618, 623, 283 S.E.2d 194, 196 (1981).

The evidence established a number of facts consistent with the defendant’s guilt. He was a stranger in the neighborhood. He passed by people and houses closer to his car to get to the residence in question. He left his companion at the tree line. Defendant was wearing a wool coat on a hot summer day, concealing a screwdriver that could be used in a break-in. He claimed he had car trouble and that Braxton was a hitchhiker. The car, however, started without difficulty.

The trier of fact was entitled to draw reasonable inferences from these facts. Thus, it could infer that the defendant passed by other residences because they appeared occupied or were more visible from the road. Braxton was positioned in such a way as to serve as a lookout. The towel could prove to be of assistance in a break-in. The court was also free to infer that Carter and Braxton had something to hide by denying they had known each other before the day in question.

Defendant asserts his evidence presents an hypothesis consistent with innocence. The trial court, however, was free to weigh Carter’s and Braxton’s testimony and to judge their credibility. Their stories conflicted with other evidence in the case, with the statements they gave the police at the time of the incident, and, in some respects, with each other. Further, Carter was a convicted felon. “The fact finder need not believe the accused’s explanation and may infer that he is trying to conceal his guilt.” Black v. Commonwealth, 222 Va. 838, 842, 284 S.E.2d 608, 610 (1981).

[*533] We cannot say the evidence viewed as a whole fails to “exclude every reasonable hypothesis of innocence.” Nor can we say the judgment of the trial court is plainly wrong or without evidence to support it. Therefore, the judgment of conviction will be affirmed.

Affirmed.

1

§ 18.2-94. Possession of burglarious tools, etc. — If any person have in his possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny, upon conviction thereof he shall be guilty of a Class 5 felony. The possession of such burglarious tools, implements or outfit by any person.other than a licensed dealer, shall be prima facie evidence of an intent to commit burglary, robbery or larceny.

2

Defendant also argues the Commonwealth had the burden of proving he was not a “licensed dealer” as an element of the offense. This is not the case. Upon proof that one not a licensed dealer is in possession of “burglarious tools,” the Commonwealth is entitled to a presumption on intent, shifting the burden to the defendant to explain the possession. Nance v. Commonwealth, 203 Va. 428, 124 S.E.2d 900 (1962); Burnette v. Commonwealth, 194 Va. 785, 75 S.E.2d 482 (1953). However, the Commonwealth is free, as it seeks to do here, to prove its case without the benefit of the presumption.