Fitzgerald v. Commonwealth, 313 S.E.2d 394 (Va. 1984). · Go Syfert
Fitzgerald v. Commonwealth, 313 S.E.2d 394 (Va. 1984). Cases Citing This Book View Copy Cite
163 citation events (105 in the last 25 years) across 4 distinct courts.
Strongest positive: Loan Funder LLC, Series 715 v. Farm Life, LLC (vactapp, 2026-01-20)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Loan Funder LLC, Series 715 v. Farm Life, LLC (2×)
Va. Ct. App. · 2026 · confidence medium
However, this error was harmless to the outcome of the case because the trial court’s findings and the evidence in the record compel the conclusion that Farm Life was not bound by the relevant deed of trust under the standards set forth in Code 15 Forgery is defined as “the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.” Morris v. Commonwealth, 20 Va. App. 1, 3 (1995) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173 (1984)).
discussed Cited as authority (rule) Rebecca Elizabeth Barnwell v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
The statute, which codified the English common law of forgery, defines forgery as “the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.” Beshah v. Commonwealth, 60 Va. App. 161, 169 (2012) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173 (1984)).
discussed Cited as authority (rule) Jeffrey Reeves Joyce, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
The Code does not define “forgery,” which is defined at common law as “the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.” Beshah v. Commonwealth, 60 Va. App. 161, 169 (2012) (quoting Fitzgerald v. -5- Commonwealth, 227 Va. 171, 173 (1984)).
discussed Cited as authority (rule) Roberto Portillo-Rivas v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Code § 18.2-172 states that if “any person forge any writing, . . . to the prejudice of another’s right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged, he shall be guilty of a Class 5 felony.” “[P]ossession of a forged check by an accused, which he claims as a payee, is prima facie evidence that he either forged the instrument or procured it to be forged.” Fitzgerald v. Commonwealth, 227 Va. 171, 174 (1984) (quoting Laird v. State, 406 So. 2d 35, 36 (Miss. 1981)).
discussed Cited as authority (rule) Cody James Brouillard v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
He thus kept the check after the deposit. -4- common law of forgery when it enacted Code § 18.2-172.” Beshah v. Commonwealth, 60 Va. App. 161, 169 (2012). “[T]he [common law] crime of ‘forgery is defined as “the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.”’” Id. (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173 (1984)).
discussed Cited as authority (rule) Anthony Quentin Johnson v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Possession of a forged instrument by a defendant naming him as owner of property “is prima facie evidence that he either forged the instrument or procured it to be forged.” Fitzgerald v. Commonwealth, 227 Va. 171, 174 (1984).
discussed Cited as authority (rule) Roscoe McNeil, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
From this evidence, the trial court could reasonably infer that when appellant 3 See, e.g., Mounce v. Commonwealth, 4 Va. App. 433, 435 (1987) (noting that implicit in the appellant’s conviction was the trial court’s finding that an element of the offense, the evidentiary sufficiency of which the appellant challenged on appeal, had been proven); Fitzgerald v. Commonwealth, 227 Va. 171, 174 (1984) (same). 4 In closing argument at trial, counsel for appellant stated that “[w]e are not disputing that [Olenthia] had at least, maybe, four wounds.” -7- repeatedly stabbed Olenthia with a dead…
discussed Cited as authority (rule) Roberto Brito Arrate v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
The Commonwealth relies on Fitzgerald v. Commonwealth, 227 Va. 171 (1984), for the proposition that possession of a forged instrument “is prima facie evidence that he either forged the instrument or procured it to be forged.” Id. at 174 (emphasis omitted) (quoting Laird v. State, 406 So. 2d 35, 36 (Miss. 1981)).
discussed Cited as authority (rule) Tony Lamont Pugh v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
“Possession of a forged check by an accused, which he claims as a payee, is prima facie evidence that he either forged the instrument or procured it to be forged.” Walker v. Commonwealth, 25 Va. App. 50, 58-59 , 486 S.E.2d 126, 131 (1997) (emphasis omitted) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395 (1984)).
discussed Cited as authority (rule) Arnold Roscoe Walker v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
“Forgery ‘is defined as “the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’’”’ Id. (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984)).
discussed Cited as authority (rule) William Lloyd Henry v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
It is defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Rodriquez v. Commonwealth, 50 Va.App. 667, 671 , 653 S.E.2d 296, 298 (2007) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984)).
discussed Cited as authority (rule) Beshah v. Commonwealth
Va. Ct. App. · 2012 · confidence medium
At common law, the crime of forgery “is defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 264 (1964)).
discussed Cited as authority (rule) Kenneth Tyrone McCain v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
A person is criminally liable under Code § 18.2-172 if he “forge[s] any writing, . . . to the prejudice of another’s right, or utter[s], or attempt[s] to employ as true, such forged writing, knowing it to be forged.” Forgery “is defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 264 (1964)). “[A]n ins…
discussed Cited as authority (rule) Samuel C. Asinugo v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
It is defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’” Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)).
examined Cited as authority (rule) Shawn L. Haley, s/k/a Shawn Lamont Haley v. Commonwealth of Virginia (3×) also: Cited "see"
Va. Ct. App. · 2010 · confidence medium
See Rule 5A:12(c); Cruz v. Commonwealth, 12 Va. App. 661 , 664 n.1, 406 S.E.2d 406 , 407 n.1 (1991). -2- rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. at 319. “‘[P]ossession of a forged check by an accused, which he claims as a payee, is prima facie evidence that he either forged the instrument or procured it to be forged.’” Oliver v. Commonwealth, 35 Va. App. 286, 295 , 544 S.E.2d 870, 874 (2001) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395 (1984)).
discussed Cited as authority (rule) Charla Denora Wooding v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
“Code § 18.2-172 -7- provides, in pertinent part, that, ‘[i]f any person forge any writing . . . to the prejudice of another’s right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged, he shall be guilty of a Class 5 felony.’” Oliver v. Commonwealth, 35 Va. App. 286, 295 , 544 S.E.2d 870, 874 (2001) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984)).
discussed Cited as authority (rule) Brown v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
A forgery is “defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Id. (emphasis added) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984)).
cited Cited as authority (rule) Andrew Nambum Lee v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
FORGERY & UTTERING “Forgery is a common law crime in Virginia.” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984).
discussed Cited as authority (rule) Levar Donnie Richardson v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
Forgery “is defined as ‘the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)) (emphasis added).
discussed Cited as authority (rule) Eugene Word v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
It is “‘the false making or material altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’” Rodriquez, 50 Va. App. at 671 , 653 S.E.2d at 298 (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984)).
discussed Cited as authority (rule) Melissa Annette McQuinn v. Commonwealth of Virginia (2×) also: Cited "see"
Va. Ct. App. · 2009 · confidence medium
Forgery “is defined as ‘the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)) (affirming convictions for forgery of blank checks stolen from a business). -3- “A check which has been fraudulently written or altered in a manner that possibly will operate to the injury of another constitutes a forgery.” Muha…
discussed Cited as authority (rule) Megan Ashley Pullin v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984). -2- “Forgery is the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.
discussed Cited as authority (rule) Cecilia Alexis Ruiz v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
“Forgery ‘is defined as “the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.”’” Bennett v. Commonwealth, 48 Va. App. 354, 357 , 631 S.E.2d 332, 333 (2006) (quoting Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984)).
discussed Cited as authority (rule) Rodriquez v. Commonwealth
Va. Ct. App. · 2007 · confidence medium
It is defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)).
discussed Cited as authority (rule) Jay William Massengale v. Commonwealth
Va. Ct. App. · 2007 · confidence medium
“The fact that an instrument was forged, made payable to the defendant, and endorsed by him, is sufficient evidence of the -2- defendant’s intent to defraud the drawee.” Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395 (1984).
discussed Cited as authority (rule) George Perry v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
ANALYSIS Forgery “is defined as ‘the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)). [A]n instrument is one of legal efficacy, within the rules relating to forgery, where by any possibility it may operate to the injury of -2- another.
discussed Cited as authority (rule) Bennett v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
Forgery “is defined as ‘the false making or materially altering with the intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)).
discussed Cited as authority (rule) James Donald Dickenson, II v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
The trial court did not abuse its discretion in overruling Dickenson's request for a handwriting expert "to examine [Dickenson's] handwriting and the handwriting on the checks to see if this man, in his opinion, signed and wrote the checks." Neither forgery nor uttering, the two crimes upon which Dickenson was tried and convicted, requires direct proof that the defendant personally forged or altered the checks. - 6 - Under Virginia law, "'possession of a forged check by an accused, which he claims as a payee, is prima facie evidence that he either forged the instrument or procured it to be for…
discussed Cited as authority (rule) Amanda Loving Barr v. Commonwealth of VA
Va. Ct. App. · 2002 · confidence medium
In pertinent part, Code § 18.2-172 provides that "[i]f any person forge any writing, . . . to the prejudice of another's right, or utter, or attempt to employ as true, such forged - 11 - writing, knowing it to be forged, he shall be guilty of a Class 5 felony." "Forgery is a common law crime in Virginia . . . [and] is defined as the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability." Dillard v. Commonwealth, 32 Va. App. 515, 517 , 529 S.E.2d 325, 326 (2000) (citing Fitzgeral…
discussed Cited as authority (rule) Michael Bell (Shelton Bell) v. Commonwealth of VA
Va. Ct. App. · 2002 · confidence medium
See Code §§ 18.2-95 and 18.2-172; see also Jones v. Commonwealth, 3 Va. App. 295, 300 , 349 S.E.2d 414, 417 (1986) (defining "larceny" as "the wrongful or fraudulent taking of personal goods of some intrinsic value, belonging to another, without his assent, and with the intention to deprive the owner thereof permanently"); Walker v. Commonwealth, 25 Va. App. 50, 58 , 486 S.E.2d 126, 131 (1997) (defining "uttering," in this context, as putting "a forged check into circulation"); Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395 (1984) (holding that "[p]ossession of a forged c…
discussed Cited as authority (rule) Ronald Oliver Sheppard v. Commonwealth of Virginia
Va. Ct. App. · 2002 · confidence medium
A writing is forged if it was "false[ly] ma[de] or materially alter[ed] with intent to defraud . . . [and] if genuine, might apparently be of legal efficacy, or the foundation of legal liability." Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (citations omitted).
discussed Cited as authority (rule) Janell Louise Gates v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
"The fact that an instrument is forged, made payable to the defendant, and endorsed by him, is sufficient evidence of the defendant's intent to defraud the drawee." Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395 (1984) (citation omitted).
discussed Cited as authority (rule) Oliver v. Commonwealth (2×)
Va. Ct. App. · 2001 · confidence medium
It is defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)).
discussed Cited as authority (rule) Jerry Lewis Reynolds v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
Next, we consider whether the evidence supports the forgery convictions. "'[P]ossession of a forged check by an accused, which he claims as a payee, is prima facie evidence that he - 3 - either forged the instrument or procured it to be forged.'" Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395 (1984) (citation omitted) (emphasis in original).
discussed Cited as authority (rule) Hampton Dillard v. Commonwealth of Virginia
Va. Ct. App. · 2000 · confidence medium
“Forgery is a common law crime in Virginia ... [and] is defined as ‘the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (citation omitted).
discussed Cited as authority (rule) Patrick Marcel Patterson v. Commonwealth of VA
Va. Ct. App. · 2000 · confidence medium
Forgery is "'the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.'" Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (citation omitted).
cited Cited as authority (rule) Joseph Johnson, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 1999 · confidence medium
Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)).
discussed Cited as authority (rule) Timbers v. Commonwealth
Va. Ct. App. · 1998 · confidence medium
Code § 18.2-172, codifying the common law crime of forgery, provides that “[i]f any person forge any writing, ... to the prejudice of another’s right, ... [she] shall be guilty of a Class 5 felony.” Under the common law, forgery “is defined as ‘the false making or materially altering with intent to defraud, or any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.’ ” Fitzgerald v. Commonwealth, 227 Va. 171, 173-74 , 313 S.E.2d 394, 395 (1984) (quoting Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964)).
discussed Cited as authority (rule) Stevenson v. Commonwealth (2×)
Va. Ct. App. · 1998 · confidence medium
At common law, the crime of forgery "is defined as `the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.'" Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984) (citation omitted); see Gordon v. Commonwealth, 100 Va. 825, 829 , 41 S.E. 746, 748 (1902).
discussed Cited as authority (rule) Walker v. Commonwealth (2×)
Va. Ct. App. · 1997 · confidence medium
"Possession of a forged check by an accused, which he claims as a payee, is prima facie evidence that he either forged the instrument or procured it to be forged. " Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395 (1984).
discussed Cited as authority (rule) Morris v. Commonwealth (2×) also: Cited "see"
Va. Ct. App. · 1995 · confidence medium
Forgery is defined as “the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.” Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984).
discussed Cited as authority (rule) Campbell v. Commonwealth (2×)
Va. Ct. App. · 1992 · confidence medium
Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984). [A]n essential of the due process guaranteed by the Fourteenth Amendment [is] that no person shall be made to suffer the onus of a criminal conviction except upon sufficient proof — defined as evidence necessary to convince a trier of fact beyond a reasonable doubt of the existence of every element of the offense.
discussed Cited as authority (rule) Beiler v. Commonwealth
Va. · 1992 · confidence medium
She correctly notes that common-law forgery is “the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy.” Fitzgerald v. Commonwealth, 221 Va. 171, 173, 313 S.E.2d 394, 395 (1984) (emphasis added).
examined Cited as authority (rule) Campbell v. Com. (3×) also: Cited "see, e.g."
Va. Ct. App. · 1991 · confidence medium
Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984). [A]n essential of the due process guaranteed by the Fourteenth Amendment [is] that no person shall be made to suffer the onus of a criminal conviction except upon sufficient proof—defined as evidence necessary to convince a trier of fact beyond a reasonable doubt of the existence of every element of the offense.
discussed Cited as authority (rule) Muhammad v. Commonwealth (2×)
Va. Ct. App. · 1991 · confidence medium
"Forgery is a common law crime in Virginia." Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984). "[It] is the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability." Bullock v. Commonwealth, 205 Va. 558, 561 , 138 S.E.2d 261, 263 (1964).
examined Cited as authority (rule) Campbell v. Commonwealth (3×) also: Cited "see, e.g."
Va. Ct. App. · 1991 · confidence medium
Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984). [A]n essential of the due process guaranteed by the Fourteenth Amendment [is] that no person shall be made to suffer the onus of a criminal conviction except upon sufficient proof — defined as evidence necessary to convince a trier of fact beyond a reasonable doubt of the existence of every element of the offense.
cited Cited as authority (rule) Ramsey v. Commonwealth
Va. Ct. App. · 1986 · confidence medium
Fitzgerald v. Commonwealth, 227 Va. 171, 174 , 313 S.E.2d 394, 395-96 (1984).
discussed Cited "see" Brian Lamont Moore v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2014 · signal: see · confidence high
See Fitzgerald v. Commonwealth, 227 Va. 171, 173 , 313 S.E.2d 394, 395 (1984).
examined Cited "see" Barrett Thomas Vernon v. Commonwealth (4×) also: Cited "see, e.g."
Va. Ct. App. · 2006 · signal: see · confidence high
See Fitzgerald, 227 Va. at 174 , 313 S.E.2d at 395 ; Walker, 25 Va. App. at 59 , 486 S.E.2d at 131 .
discussed Cited "see" Mario Cherome Briggs v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2001 · signal: see · confidence high
See Fitzgerald v. Commonwealth, 227 Va. 171, 174-75 , 313 S.E.2d 394, 396 (1984); Spradlin v. Commonwealth, 195 Va. 523, 527-28 , 79 S.E.2d 443, 445 (1954).
David Allen Fitzgerald
v.
Commonwealth of Virginia
Record 830653.
Supreme Court of Virginia.
Mar 9, 1984.
313 S.E.2d 394
James R. Sheeran for appellant., Jacqueline G. Epps, Senior Assistant Attorney General (Gerald L. Baliles, Attorney General, on brief), for appellee.
Russell.
Cited by 64 opinions  |  Published
RUSSELL, J.,

delivered the opinion of the Court.

David Allen Fitzgerald was convicted in a bench trial under three indictments for forgery and sentenced to a total of six years’ confinement. His motion to strike the Commonwealth’s evidence was denied, and he presented no evidence. The sole question on appeal is whether the evidence was sufficient to support his conviction.

Stated in the light most favorable to the Commonwealth, the evidence shows that a number of blank checks were stolen from the premises of Transmission Products, Inc., on Bells Road, in Richmond, during a burglary on Christmas day, 1981. The owners missed petty cash, but were unaware that checks were missing until the firm’s bank statement arrived a month later.

Enclosed with the statement were the three checks in question. They were similar in appearance. Each was on one of the stolen Transmission Products, Inc. blanks, upon which the name of that[*173] firm and the name of its bank, Southern Bank and Trust Company, were printed. The remaining information on the face of each check was filled in with a typewriter, except for the maker’s signature. Each is made payable to “David A. Fitzgerald 4721 Lovells Rd. Richmond, Va. 23224.” Each contains a social security number, purportedly that of the payee. Each is dated. December 23, 1981, and each is in the amount of $187.50. Each bears the signature “James K. Stone,” apparently written by the same hand. Each contains, on its reverse side, the endorsement of David A. Fitzgerald, with the same address, but with the addition of a telephone number. Only one endorsement includes the social security number shown on the face of the check.

The name “James K. Stone” was a forgery. No person by that name was associated with Transmission Products, Inc., and the checks were not issued by any authorized person.

The first check was cashed on December 28, 1981, at Ukrop’s Supermarket on Forest Hill Avenue, Richmond. The clerk would not have accepted it without the endorsement. The second check was cashed on December 29, 1981, at a Safeway store on Broad Rock Road, Richmond. Again, the clerk would not have accepted it without endorsement and without further identification showing the endorser to be the same person as the payee. The third check was cashed on or about December 30, 1981, at a Safeway store on Jahnke Road, Richmond. None of the witnesses could identify the person who had presented the checks.

The Commonwealth introduced the evidence of a handwriting expert who testified that Fitzgerald had personally signed the endorsements and had written the other identifying data on the reverse sides of the checks, * but that the signatures of the purported maker, “James K. Stone,” were written by another person. Fitzgerald’s motion to strike was based upon the premise that the only parts of the checks he was shown to have written were the endorsements, that he had signed his own name to each of them, and that “one cannot forge his own name.”

Forgery is a common law crime in Virginia. It is defined as “the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of legal liability.” Bullock v. Common [*174] wealth, 205 Va. 558, 561, 138 S.E.2d 261, 263 (1964), cert, denied, 382 U.S. 927 (1965). In Bullock, we also set forth Blackstone’s definition: “the fraudulent making or alteration of a writing to the prejudice of another man’s right.” Id. at 561.

The evidence established that the writing on the face of the checks was forged, that the checks were apparently genuine, and that they were actually employed to the prejudice of the rights of others. Equally well established was the fact that Fitzgerald, at some time, had them in his possession and endorsed them. The question remains whether the evidence supports the court’s finding, implicit in the convictions, that Fitzgerald had the intent to defraud.

The fact that an instrument was forged, made payable to the defendant, and endorsed by him, is sufficient evidence of the defendant’s intent to defraud the drawee. Timmons v. State, 80 Ga. 216, 4 S.E. 766 (1887). Such an inference is strengthened, in this case, by the falsity of the address and telephone number which Fitzgerald wrote on the reverse sides of the checks. Moreover, “[possession of a forged check by an accused, which he claims as a payee, is prima facie evidence that he either forged the instrument or procured it to be forged.” Laird v. State, 406 So.2d 35, 36 (Miss. 1981) (emphasis added). See also Bullock, supra; Denis v. Commonwealth, 144 Va. 559, 131 S.E. 131 (1926); Spencer’s Case, 29 Va. (2 Leigh) 751 (1830). Such a prima facie showing of guilt does not rise to the level of a conclusive presumption, and it may be rebutted, but it will warrant submission of the issue of guilt of forgery to the jury, and will support a verdict of guilty if the jury so finds. Bullock, 205 Va. at 562-63, 138 S.E.2d at 265.

Although the evidence here repels the inference that Fitzgerald personally forged the name of the maker, it is entirely consistent with the inference that he procured it to be done. It has been the law of Virginia for more than a century and a half that one who procures the forgery of an instrument is an accessory before the fact if he was absent when the writing was forged, or a principal in the second degree if he was present. The distinction is of no consequence, because his guilt is the same, and he is subject to the same punishment, in either event. Huffman v. Commonwealth, 27 Va. (6 Rand.) 685, 692 (1828).

Further, the Commonwealth is under no obligation to prove the respective roles of two or more criminals who, as shown[*175] by the evidence, acted in concert to commit an offense. Each will be held responsible for the acts of the other, and such concerted action may be shown by circumstantial evidence. Harrison and Pollard v. Commonwealth, 210 Va. 168, 171-72, 169 S.E.2d 461, 464 (1969). Thus, it is immaterial whether Fitzgerald actually cashed the checks, or whether they were forged by one person, endorsed by Fitzgerald, and cashed by the forger or by a third person. Fitzgerald’s participation in the concerted action, and his fraudulent intent, are sufficiently supported by the evidence ancf we will, accordingly, affirm the convictions.

Affirmed.

*

The address and telephone number appended to the endorsements belonged to Fitzgerald’s father. Fitzgerald had lived at that address until about ninety days before the checks were stolen.