Legal Opinion

Hargrave v. Commonwealth

Supreme Court of Virginia

Decided January 14, 1974No. Record 730322PublishedCited by 47 opinions

1Per curiam

Jerry Hargrave (Hargrave or defendant), who waived a trial by jury, was convicted of attempted murder by the trial court which fixed his punishment at a term of four years in the penitentiary.

The sole question here is whether the evidence established the specific intent to commit murder which is an essential element of attempted murder.

The evidence discloses that both Hargrave and Shirley Mae Gill (Gill), who had been defendant’s common law wife for four years, had been drinking prior to the occurrence giving rise to the criminal charge. They engaged in an argument because Hargrave was “going…

2Cases cited4 opinions

  1. Merritt v. CommonwealthSupreme Court of Virginia · 1935
  2. Thacker v. CommonwealthSupreme Court of Virginia · 1922
  3. Chittum v. CommonwealthSupreme Court of Virginia · 1970
  4. Howard v. CommonwealthSupreme Court of Virginia · 1966

3Cited by47 opinions

  1. Wyatt v. StateTennessee Supreme Court · 2000
  2. Sandoval v. CommonwealthCourt of Appeals of Virginia · 1995
  3. Long v. CommonwealthCourt of Appeals of Virginia · 1989
  4. Campbell v. CommonwealthCourt of Appeals of Virginia · 1991
  5. Martin v. CommonwealthCourt of Appeals of Virginia · 1992

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