10 Va. App. 430 - Willis v. Commonwealth’s Empirical Analysis
1990
Citation profile
3 federal appellate · 70 state decisions
How this case has been cited
Cited by 73 later decisions — most recently December 2018 · most notably United States v. Terry (1996), 17 Va. App. 349 - Neeley v. Commonwealth (1993)
3 federal appellate · 70 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Furman v. Georgia · Parker v. Levy · Papachristou v. City of Jacksonville · Bottoson v. Florida · Giaccio v. State of Pennsylvania
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]lthough penal laws are to be construed strictly [against the Commonwealth], they `ought not to be construed so strictly as to defeat the obvious intention of the legislature.'”
2 later decisions quote this exact passage“dwelling house or other building when occupied by one or more persons " in criminalizing the firing of a firearm or missile within or at a building or dwelling house) (emphasis added). Accordingly, we do not believe that our holding, a view in accord with the majority of other state jurisdictions, see Annotation, Burglary of a DwellingNo Occupants, 20 A.L.R.4th at 357-60, renders a curious, narrow or strained construction of Code § 18.2-92. IV. SUFFICIENCY OF THE EVIDENCE Johnson further asserts that the evidence presented at trial was insufficient to show that he broke and entered the Broadnax apartment, or that if he did so, he had the requisite intent to commit a misdemeanor as required by Code § 18.2-92. We disagree. "On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly wrong or without evidence to support it.”
1 later decision quote this exact passage“If there be any defect in form in any indictment, presentment or information, or if there shall appear to be any variance between the allegations therein and the evidence offered in proof thereof, the court may permit amendment of such indictment, presentment or information, at any time before the jury returns a verdict or the court finds the accused guilty or not guilty, provided the amendment does not change the nature or character of the offense charged. After any such amendment the accused shall be arraigned on the indictment, presentment or information as amended, and shall be allowed to plead anew thereto, if he so desires, and the trial shall proceed as if no amendment had been made; but if the court finds that such amendment operates as a surprise to the accused, he shall be entitled, upon request, to a continuance of the case for a reasonable time.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.