Johnson v. Commonwealth

This case is the sequel to Johnson v. Commonwealth, 220 Va. 146, 255 S.E.2d 525 (1979). A judgment was entered by the court below in accordance with a jury’s verdict, finding Major Henry Johnson, Jr., guilty of capital murder in violation of Code § 18.2-31(d), and sentencing him to life imprisonment. The appeal is limited to a consideration of defendant’s claim that his prosecution for capital murder in the commission of armed robbery was barred by the doctrines of collateral estoppel, double jeopardy, and autrefois acquit for the reason that a jury in the Circuit Court of Roanoke had…