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214 Va. 679

Sullivan v. Commonwealth

Supreme Court of Virginia

Decided April 22, 1974

Supreme Court of Virginia · decided 1974-04-22

Relies on Dunn v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1974-04-22

How this case has been cited

Cited by 8 later decisions — most recently August 2003

8 state decisions

401974198019902000decided

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.

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Per Curiam.

¶1 The defendant, John Sullivan, Jr., was found guilty by a jury of conspiracy to commit grand larceny, Code § 18.1-15.2, 1 and his punishment was fixed at a term of three years imprisonment. The same jury returned a verdict of not guilty on a jointly tried indictment charging Sullivan with conspiracy to commit burglary arising from the same transaction.

¶2 We granted a writ of error limited to defendant’s claim that the trial court erred in not setting aside the guilty verdict for inconsistency.

¶3 The only direct evidence that a conspiracy had been formed came from Sullivan’s co-conspirator, Harold Wayne Dorsey. Dorsey testi *680 fied that on the night of June 14, 1972, he and Sullivan agreed to burglarize the residence of Robert Hunsecker to steal a stereo unit and a television set. Part of their agreement was that they would share the proceeds received from any sale of the stolen goods. Dorsey further testified that he accompanied Sullivan to Hunsecker’s residence. Dorsey then broke and entered the residence and removed the stereo unit which he and defendant subsequently sold.

¶4 Assuming, without deciding, that the two verdicts were inconsistent, we find no error in the refusal of the trial court to set aside the guilty verdict. Consistency in verdicts under facts such as we have here is not required. Dunn v. United States, 284 U.S. 390, 394 (1932).

¶5 Affirmed.

1

¶6 Code § 18.1-15.2 has since been repealed and superseded by Code § 18.1-15.3. Acts 1972, c. 484, Acts 1973, c. 399.

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