Legal Opinion · Dissent

Burrows v. Commonwealth

Supreme Court of Virginia

Decided October 15, 1982No. Record 812008Published

1DissentRussell, J.

The majority opinion correctly states the law governing our review of a criminal conviction based on alleged insufficiency of the evidence. We must view the evidence in the light most favorable to the Commonwealth and disturb the verdict only if we find that it is plainly wrong or without evidence to support it. Code § 8.01-680. If we depart from that standard of review, we take over the function of the fact-finder who actually saw and heard the witnesses, substituting our own judgment as to the weight to be given their testimony. See Ware v. Commonwealth, 214 Va. 520, 523, 201 S.E.2d 791,…

2Cases cited2 opinions

  1. Hammer v. CommonwealthSupreme Court of Virginia · 1966
  2. Ware v. CommonwealthSupreme Court of Virginia · 1974

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API