Cook v. Commonwealth

Tried by a jury, James E. Cook was convicted of arson of an unoccupied dwelling in the nighttime (Code § 18.2-77) and of arson of personal property with intent to defraud an insurance company (Code § 18.2-81). The sole issue presented by his appeal is whether the evidence was sufficient to support the convictions.

The evidence was entirely circumstantial. We review it, as we must, in the light most favorable to the Commonwealth.

In 1981, Jack Osmond and his wife were the owners of a duplex residential building at the intersection of Atlantic Avenue and 65th Street in Virginia Beach. In August…