Secret v. Commonwealth
| Docket Number | 170540 |
| Decision Date | 11 October 2018 |
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18 cases
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Smith v. Commonwealth
... ... 536 turn to whether the evidence proved that the appellant 850 S.E.2d 388 had the requisite criminal intent at the time of any one of her relevant transactions with the hotel. Intent is typically proved by circumstantial evidence. Secret v. Commonwealth , 296 Va. 204, 229, 819 S.E.2d 234 (2018). As in "all ... fraud cases, fraudulent intent can be inferred from ‘the conduct and representations of the defendant.’ " Dennos v. Commonwealth , 63 Va. App. 139, 145, 754 S.E.2d 913 (2014) (quoting Rader v. Commonwealth , 15 Va. App ... ...
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Fletcher v. Commonwealth
... ... Commonwealth , 4 Va. App. 438, 443, 358 S.E.2d 415 (1987) ); see Code § 8.01-680. In reviewing the court's verdict, an appellate court "does not ask itself whether it believes that the evidence at the trial established guilt 72 Va.App. 502 beyond a reasonable doubt." Secret v. Commonwealth , 296 Va. 204, 228, 819 S.E.2d 234 (2018) (quoting Pijor v. Commonwealth , 294 Va. 502, 512, 808 S.E.2d 408 (2017) ). "Rather, the relevant question is, upon review of the evidence in the light most favorable to the prosecution, whether any rational trier of fact could have found ... ...
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Jones v. Commonwealth
... ... against [the victim’s] will by force, violence, or intimidation." 70 Va.App. 325 Jay , 275 Va. at 526, 659 S.E.2d 311 ; see also Secret v. Commonwealth , 296 Va. 204, 228, 819 S.E.2d 234 (2018) ("An attempt [is] any overt act done with the intent to commit the crime, and which, except for the interference of some cause preventing the carrying out of the intent, would have resulted in the commission of the crime."); Commonwealth v ... ...
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Meade v. Commonwealth
... ... ] that the evidence at the trial established guilt beyond a reasonable doubt[,]" but rather, viewing the evidence in the light most favorable to the prevailing party, we ask "whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Secret v. Commonwealth , 296 Va. 204, 228, 819 S.E.2d 234 (2018) (quoting Pijor v. Commonwealth , 294 Va. 502, 512, 808 S.E.2d 408 (2017) ). Such deference stems, in part, from the trial court's "opportunity to observe the testimony and demeanor of all witnesses." Lopez v. Commonwealth , 73 Va. App ... ...
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