Harrison v. Com.

• Decision Date: 05 September 1969
• Citation: 210 Va. 168,169 S.E.2d 461
• Parties: Leslie Nathaniel HARRISON v. COMMONWEALTH of Virginia. Richard Linwood POLLARD v. COMMONWEALTH of Virginia.
• Court: Virginia Supreme Court

Page 461

169 S.E.2d 461

210 Va. 168

Leslie Nathaniel HARRISON v. COMMONWEALTH of Virginia.

Richard Linwood POLLARD v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

Sept. 5, 1969.

James Edward Sheffield, Richmond, for plaintiffs in error.

Walter H. Ryland, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

Before EGGLESTON, C.J., and BUCHANAN, SNEAD I'ANSON, CARRICO, GORDON and HARRISON, JJ.

SNEAD, Justice.

Leslie Nathaniel Harrison and Richard Linwood Pollard, defendants, were indicted for the crimes of robbery and rape. By consent the defendants' cases were tried 'simultaneously and jointly'. Motions made to strike the Commonwealth's evidence at the conclusion thereof and again at the conclusion of all of the evidence were overruled. The jury found defendants guilty of both charges contained in the indictments and fixed the punishment of each defendant at confinement in the State penitentiary for a term of five years for robbery and ten years for rape. After overruling motions to set aside the verdicts as being contrary to the law and evidence the trial court sentenced defendants in accordance with the jury verdicts. The defendants sought writs of error to the judgments of conviction, alleging that the evidence was insufficient to sustain verdicts of guilty on either charge. We granted both defendants a writ of error to that part of the judgments relating to robbery and writs were refused as to the convictions for rape.

The sole issue presented on this appeal is whether the evidence is sufficient to support the robbery convictions.

The Commonwealth first called the alleged victim, Mrs. Beatrice Williams, age forty-one. She testified that on September 5, 1967 at approximately 12:15 a.m., after having drunk to beers, she went to 2804 East Broad street, where defendants and others resided, to obtain more beer. The place was known to be a 'nip joint' where alcoholic beverages were illegally sold and consumed. On arriving but before entering the premises she looked in her wallet which was in a small purse and ascertained that it contained five one-dollar bills. Mrs. Williams said that she checked her money because 'I've had some money taken off of me' before at this place.

She knocked on the front door and it was opened by defendant Harrison. She informed Harrison that she wanted beer and he let her in closing the door behind her. He then 'pulled' her through the bedroom of defendant Pollard and into an adjoining room which was used for drinking alcoholic beverages. Pollard was in his bed but awake. On entering the adjoining room Harrison turned on the juke box. He ignored her repeated request for beer and pushed her down on a sofa. Mrs. Williams stated that she dropped her purse beside her while attempting to shove Harrison away; that Harrison had one hand over her mouth and the other on her body, and that he succeeded in pulling off her panties and completing the act of intercourse.

Mrs. Williams further testified that after the rape had been accomplished, Harrison called Pollard who came into the room and also raped her while Harrison helped to hold her and held his hand over her mouth. When Pollard completed the act he left the room telling Harrison to leave her alone or he would call the police. She stated that she then observed her wallet, which was outside of the purse, and discovered that the five one-dollar bills were missing. She accused both Harrison and Pollard of having the money and told them to be there when she returned. The two men denied taking the money. Mrs. Williams then retrieved her panties and proceeded to a friend's house and secured a ride to a filling station where she called the police.

She testified that she did not see either of defendants actually take the money and that she had been to the place involved several times prior to this occasion.

Officer J. A. Windsor testified that he responded to a radio dispatch to 2804 East Broad at about 1:45 a.m. and on arriving observed Mrs. Williams and also other officers who responded to the call in front of the building. She appeared to have been drinking. They entered the dwelling and went into Pollard's bedroom where both Harrison and Pollard were on Pollard's bed. After Windsor informed them that they were being interviewed concerning an alleged rape and robbery of Mrs. Beatrice Williams he told them of their constitutional rights. At his request Mrs. Williams related in defendants' presence what had occurred. He then asked defendants if they desired to make any statements. Harrison related an entirely different version of what had happened. He stated, among other things, that Mrs. Williams came into the house with two unknown men; that they all four went into the living room; that he (Harrison) left and sometime later the two men left.

Officer Windsor further testified that a...