Eccles v. Com.
| Citation | 197 S.E.2d 332,214 Va. 20 |
| Parties | John C. ECCLES v. COMMONWEALTH of Virginia. |
| Decision Date | 11 June 1973 |
| Court | Virginia Supreme Court |
John C. Lowe, F. Guthrie Gordon, III, Charlottesville (Lowe & Gordon, Charlottesville, on brief), for plaintiff in error.
William A. Carter, III, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.
Before SNEAD, C.J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARRMAN and POFF, JJ.
John C. Eccles was indicted for selling marijuana, then punishable as a felony under Virginia Code §§ 54--488 and 54--516 (1967 Repl.Vol.). His first conviction by a jury was reversed for a reason not related to this appeal. See Eccles v. Commonwealth, 212 Va. 679, 187 S.E.2d 207 (1972). On a second trial Eccles was again found guilty, and judgment was entered in accordance with the jury's verdict. We granted Eccles a writ of error limited solely to a consideration of whether the trial court erred in admitting evidence of prior criminal acts by the defendant.
In February, 1970, Carl R. Deavers, a Virginia state trooper on assignment to the Charlottesville area to do undercover work in the field of drugs, met and became reasonably well-acquainted with Eccles, Bruce Minton and William Matheny. On March 22, 1970 Deavers arranged with Minton, from whom he had previously bought marijuana, to purchase 11 bags of marijuana for $100. Deavers met Minton by prearrangement and at Minton's direction they drove in Deavers' car to an apartment on Jefferson Park Circle occupied by Eccles and others. On arriving at defendant's apartment, Minton told Deavers to wait in the car while he went inside. A few minutes later Eccles and Matheny, who was living with Eccles at the time, came from the apartment and Eccles told Deavers to go into the apartment and wait there with Minton, that they would be back in a few minutes. Deavers observed Eccles and Matheny leave on Eccles' motorcycle. A short time later they returned.
The four went into a back room where Matheny pulled from the pocket of his jacket 15 plastic baggies of marijuana, which he placed on a blanket while Deavers, Minton and Eccles stood around and watched. At Minton's direction, Matheny handed Minton 11 of the bags, selected at random, and he in turn handed them to Deavers. Matheny then gave the other 4 bags to Eccles at the latter's request. Deavers offered to pay Minton a portion of the agreed purchase price at that time, but was advised by Minton that he could pay later. Deavers then left the apartment. The other three men remained there.
The relationship that existed between Eccles, Matheny and Minton was testified to by Deavers, who had apparently infiltrated the group and gained their confidence. The Commonwealth established by cross-examination of Matheny that the marijuana sold to Deavers was part of a supply which Minton had obtained in Boston and which Matheny, Minton and Eccles had been using as a 'community property supply of marijuana.'
Eccles claimed there was no credible evidence from which the jury could find that he knew a sale of marijuana was being made to Deavers. The Commonwealth points to the common interest that Eccles and his friends had in the marijuana which they had 'stashed' away; the consummation of the transaction in Eccles' apartment; the transportation of its on a motorcycle owned and operated by Eccles; the presence of Eccles when delivery was made of 11 packages to Deavers by Matheny and Minton;...
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State v. Haverty
...without discussion of the question of harmless error. Anglin v. State, 151 Ga.App. 570, 260 S.E.2d 563 (1979); Eccles v. Commonwealth, 214 Va. 20, 197 S.E.2d 332 (1973). ...
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Thomas v. Com.
...Va. 124, 142, 314 S.E.2d 371, 383 (1984); Moore v. Commonwealth, 222 Va. 72, 76, 278 S.E.2d 822, 824 (1981); Eccles v. Commonwealth, 214 Va. 20, 22, 197 S.E.2d 332, 333 (1973). This is so because "[s]uch evidence implicating an accused in other crimes unrelated to the charged offense ... ma......
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Gonzales v. Com., Record No. 1351-03-4.
...bad acts ... had upon the minds of the jury, we cannot say that the error was not prejudicial.'" (quoting Eccles v. Commonwealth, 214 Va. 20, 22-23, 197 S.E.2d 332, 333 (1973) (omission in original))); Knick v. Commonwealth, 15 Va.App. 103, 105, 421 S.E.2d 479, 481 (1992) ("Because the jury......
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Blaylock v. Com., 1579-96-4
...was at issue here, as it is in most crimes. Kirkpatrick, Boyd [v. Commonwealth, 213 Va. 52, 189 S.E.2d 359 (1972)], Eccles [v. Commonwealth, 214 Va. 20, 197 S.E.2d 332 (1973)], and Donahue [v. Commonwealth, 225 Va. 145, 300 S.E.2d 768 (1983)], all clearly indicate, however, that a significa......