Commonwealth v. Foreman

By Judge Marc Jacobson

Devon J. Foreman, the Defendant, is charged with the crime of assaulting a police officer, Va Code § 18.2-57(c). The Commonwealth has indicated that it seeks to introduce into evidence the fact that Defendant was in possession of drugs prior to or simultaneous with the alleged assault, not for the purpose of showing Defendant’s propensity to commit the alleged assault, but for the limited purpose of establishing motive to commit the assault.

In Virginia, the general rule is well established that in a criminal prosecution, proof which shows that the accused is guilty of…