White v. Com.

I respectfully dissent. I do so guided by the axiomatic principle that an accused is entitled to have a jury issue resolved by a jury and not by the trial court or appellate courts, including this Court. Where, as here, there is evidence to indicate that the accused was legally insane at the time he committed a crime and there is other evidence showing that he was not, that conflict in the evidence presents an issue to be determined by the jury. Jones v. Commonwealth, 202 Va. 236, *359239-40, 117 S.E.2d 67, 70 (1960). In my view, in the present case in considering the Commonwealth's motion in…