Legal Opinion

Bennefield v. Commonwealth

Court of Appeals of Virginia

Decided February 27, 1996No. 1062944PublishedCited by 30 opinions

1Opinion of the Court

DUFF, Senior Judge.

Elmer C. Bennefield and Frank D. Kelly were convicted of murder, abduction, and use of a firearm in the commission of a felony. On appeal, they contend that their retrial was barred by the double jeopardy clauses of the United States and the Virginia Constitutions. We disagree and affirm their convictions.

BACKGROUND

During the late hours of July 30, 1993, four high school friends, Ryan Quinn, Jason McCree, Jacob Barnhart, and William Crocker (the Crocker group), attempted to purchase marijuana from Kelly, Bennefield and Rick Herring (the Kelly group). The Crocker group gave…

2Cases cited11 opinions

  1. Oregon v. KennedySupreme Court of the United States · 1982
  2. Wade v. HunterSupreme Court of the United States · 1949
  3. Lowe v. CommonwealthSupreme Court of Virginia · 1985
  4. Walton v. City of RoanokeSupreme Court of Virginia · 1963
  5. Farmer v. CommonwealthCourt of Appeals of Virginia · 1991

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3Cited by30 opinions

  1. Slayton v. CommonwealthCourt of Appeals of Virginia · 2003
  2. Stephens v. CommonwealthSupreme Court of Virginia · 2002
  3. Sabo v. CommonwealthCourt of Appeals of Virginia · 2002
  4. George Wesley Huguely, V v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2014
  5. Henry v. CommonwealthCourt of Appeals of Virginia · 2000

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

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