Manley v. Com., 801870

Citation283 S.E.2d 207, 222 Va. 642
Case DateOctober 16, 1981
CourtSupreme Court of Virginia

Page 207

283 S.E.2d 207
222 Va. 642
Larry Alston MANLEY
v.
COMMONWEALTH of Virginia.
Record No. 801870.
Supreme Court of Virginia.
Oct. 16, 1981.

[222 Va. 643] Sa'ad El-Amin, Richmond, for appellant.

Alexander E. Conlyn, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.

POFF, Justice.

Defendant Larry Alston Manley appeals from a judgment confirming the verdict of a jury which convicted him as an accessory after the fact to robbery. The dispositive question here is whether the evidence was sufficient to support the verdict.

The evidence bearing on that question, summarized in narrative form, shows that Manley invited Bruce Morris and Darryl Wilson to join him in a ride in his black van one night following a high school basketball game. The three young men, who were only casually acquainted, were riding around, talking about basketball, drinking beer, and listening to music on the van's radio. At his companions' request, Manley stopped at several stores to buy beer and gasoline. In Petersburg, Morris and Wilson robbed a storekeeper. They did the same at a store in Chesterfield County. Wilson,[222 Va. 644] who had pleaded guilty to the Petersburg robbery, testified at Manley's trial that, on both occasions, Manley remained in the van, knew nothing in advance about their plans, was told nothing about the robberies after they occurred, and was given none of the fruits of the crimes. Manley testified to the same effect.

As the van approached Honeybee's Restaurant in Hopewell, Morris and Wilson asked Manley to stop to get something to eat. Manley stopped but decided not to go in the restaurant because he was intoxicated and not properly dressed. Wilson, who feared that Morris intended to "stick up" the restaurant, went "[a]cross the highway", and Morris entered the restaurant alone. Manley drove a short distance down

Page 208

the highway, stopped to urinate, came back and parked in a parking lot behind a bank across the highway from Honeybee's.

Inside the restaurant, Morris pointed a gun at Richard Torino, an employee, and forced him and another person to lie on the floor. Morris went behind the counter and engaged a waitress in conversation. Torino testified that he heard the waitress ask Morris if she should "put the change in a bag". Morris said, "no", but that she should "let [him] have the bag". From his prone position,...

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11 cases
  • Pugin v. Garland, 20-1363
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 30, 2021
    ...while they drank and stopped at several stores where, unbeknownst to the driver, his friends robbed the stores. Manley v. Commonwealth, 222 Va. 642, 645 (1981). The court listed the three elements from Wren and then concluded that there was no evidence the defendant knew his friends had com......
  • Schmitt v. True, Civ.A.3:02 CV 953.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • September 15, 2005
    ...knew that the felon committed the crime; (3) the defendant must "receive, relieve, comfort or assist" the felon. Manley v. Commonwealth, 222 Va. 642, 283 S.E.2d 207, 208 Under Virginia law, "merely suffering the principal to escape" or failing to report a known felon to the authorities are ......
  • Pugin v. Garland, 20-1363
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 30, 2021
    ...while they drank and stopped at several stores where, unbeknownst to the driver, his friends robbed the stores. Manley v. Commonwealth , 222 Va. 642, 645, 283 S.E.2d 207 (1981). The court listed the three elements from Wren and then concluded that there was no evidence the defendant knew hi......
  • Dalton v. Com., Record No. 3134-96-3.
    • United States
    • Virginia Court of Appeals of Virginia
    • May 19, 1998
    ...that the felon was guilty of committing a completed felony and (3) that the felony was, in fact, completed. See Manley v. Commonwealth, 222 Va. 642, 644, 283 S.E.2d 207, 208 (1981). The second of these elements—that the defendant knew that he or she was assisting a felon guilty of a complet......
  • Request a trial to view additional results

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