Legal Opinion

McGhee v. Commonwealth

Supreme Court of Virginia

Decided November 22, 1978No. Record 780214PublishedCited by 85 opinions

1Opinion of the CourtHarrison, J.

Opal Marie Hale McGhee was convicted of murder in the second degree and of the use of a firearm in the commission of a felony. The sole basis of her appeal is that the court below erred in refusing to grant an instruction which would have placed on the Commonwealth the burden to prove beyond all reasonable doubt that the defendant did not act in self-defense.

It is not controverted that a defendant need only sustain a plea of self-defense to the point where the evidence in support thereof, when considered along with all other evidence produced in the case, raises a reasonable doubt in the…

2Cases cited9 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Mullaney v. WilburSupreme Court of the United States · 1975
  3. Patterson v. New YorkSupreme Court of the United States · 1977
  4. Hodge v. CommonwealthSupreme Court of Virginia · 1976
  5. Frazier v. WeatherholtzCourt of Appeals for the Fourth Circuit · 1978

4 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Bridgeman v. CommonwealthCourt of Appeals of Virginia · 1986
  2. Figg v. SchroederCourt of Appeals for the Fourth Circuit · 2002
  3. Commonwealth v. SandsSupreme Court of Virginia · 2001
  4. James v. CommonwealthCourt of Appeals of Virginia · 1994
  5. Smith v. CommonwealthCourt of Appeals of Virginia · 1993

80 more not listed; retrieve them via the Exa API.

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