Berkeley v. Commonwealth

Opinion

BAKER, J.

Stanley Justin Berkeley (appellant) appeals from a judgment of the Circuit Court of the City of Chesapeake (trial court) that approved a jury verdict convicting him of first degree murder. The same jury convicted appellant of rape and abduction with intent to defile.

This appeal is limited to the first degree murder conviction for violation of Code § 18.2-32.1 The dispositive question for our determination is whether the evidence is sufficient to sustain the first degree felony-murder conviction as charged in the final amended indictment. Upon familiar principles, we review the…