Dixon v. Com., 4413
| Decision Date | 10 October 1955 |
| Docket Number | No. 4413,4413 |
| Citation | 89 S.E.2d 344,197 Va. 380 |
| Parties | WILLIE ALFONSO DIXON v. COMMONWEALTH OF VIRGINIA. Record |
| Court | Virginia Supreme Court |
Sanford & Clement, for the plaintiff in error.
J. Lindsay Almond, Jr., Attorney General and R. D. McIlwaine, III, Assistant Attorney General, for the Commonwealth.
The accused was tried upon an indictment containing two counts of statutory burglary. One charged him with breaking and entering a storehouse in the city of Danville in the nighttime with the intent to commit rape; the other charged the same act with the intent to commit larceny. §§ 18-160 and 18-161, Code of Virginia, 1950, as amended.
The trial court dismissed the intended larceny count and the jury found the accused guilty of '* * * statutory burglary with intent to commit rape * * *' and fixed his punishment at fifteen years in the penitentiary. The case is before us upon the judgment entered on the verdict.
The facts, viewed in the light most favorable to the Commonwealth, disclose that on Saturday, May 8, 1954, the accused called the prosecutrix on the telephone, and without disclosing his name asked her if she knew anything about 'French Love'; whereupon she immediately hung up the telephone. This call was made to the office of a cleaning establishment owned and operated by the prosecutrix and her husband. On the following night he called the prosecutrix at her home. She recognized the voice and again hung up the telephone.
On Wednesday, May 12, the prosecutrix informed the police authorities regarding the calls. Later that morning the accused again called the prosecutrix, who traced the call to a business firm in the city. Later in the day the husband of the prosecutrix, at her request, asked the police department to send two officers to the cleaning establishment. Two detectives arrived at the plant about 4:00 p.m. Shortly after their arrival the accused again called, leaving a telephone number and requesting that the prosecutrix call back. This call was traced to a drug store in Danville. When the prosecutrix called the drug store she was informed that no one there wished to speak to her. About 6:00 p.m. the accused made another telephone call to the prosecutrix at her place of business. At this time she engaged him in conversation in order to enable the police officers to trace the call. The substance of this conversation is not disclosed; however, the call originated at a telephone on Holbrook Street. After the conversation the detectives took their station in the cleaning room at the rear of the establishment and waited. The back door was closed but not locked. The prosecutrix was working in the office which was well lighted. About 7:30 p.m. the accused came to the rear of the establishment, looked around, opened the back door and came inside. He then walked to the partially-open sliding door which separated the cleaning room from the finishing room. At this time one of the detectives noticed that the zipper on his trousers was open 'about half way down'. When the accused reached the sliding door he was apprehended by the detectives and told that he was under arrest. While he appeared to have been drinking, he was not intoxicated. He offered some resistance but was subdued by the officers. At first he gave a false name but finally identified himself correctly. The prosecutrix did not know the accused, who stated that he was sorry for what he had done and that he deserved any punishment he might receive.
At the trial the accused contended that he had been invited to the cleaning establishment by the...
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Hughes v. Com.
...as a matter of fact, and "[s]urmise and speculation as to the existence of the intent are not sufficient." Dixon v. Commonwealth, 197 Va. 380, 382, 89 S.E.2d 344, 345 (1955). "[T]he question of [appellant's] intent must be determined from the outward manifestation of his actions leading to ......
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Hunter v. Com., 1692-90-3
...prove beyond a reasonable doubt. Harrell v. Commonwealth, 11 Va.App. 1, 6-7, 396 S.E.2d 680, 682 (1990) (citing Dixon v. Commonwealth, 197 Va. 380, 382, 89 S.E.2d 344, 345 (1955)). Code § 19.2-128(B) requires that the Commonwealth prove that the accused "willfully" failed to appear at trial......
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Carter v. Com.
...as a matter of fact, and `surmise and speculation as to the existence of the intent are not sufficient.'" Dixon v. Commonwealth, 197 Va. 380, 382, 89 S.E.2d 344, 345 (1955). The intent to temporarily deprive the owner of possession of property is insufficient to prove the intent to steal th......
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Hughes v. Com.
...as a matter of fact, and "[s]urmise and speculation as to the existence of the intent are not sufficient." Dixon v. Commonwealth, 197 Va. 380, 382, 89 S.E.2d 344, 345 (1955) (sexually suggestive telephone calls made prior to a burglary are insufficient evidence of breaking and entering with......