Yates v. Commonwealth

The majority defines the crucial issue in this case as “whether Alberti’s testimony was unworthy of belief as a matter of law.” In framing the issue this way, however, the majority misplaces its focus. As is the case in all appeals reviewing the sufficiency of the evidence adduced at trial, the dispositive issue is whether the Commonwealth succeeded in establishing the guilt of the accused beyond a reasonable doubt. See, e.g., Holland v. Commonwealth, 190 Va. 32, 39, 55 S.E.2d 437, 441 (1949). “The evidence must be such that it excludes every reasonable hypothesis of innocence.” Fowlkes v.…