4 Va. App. 547 - Waymack v. Commonwealth’s Empirical Analysis

Citation profile

14 state decisions

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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money ..., which he shall have received for another ... or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another ... he shall be guilty of embezzlement.”

   2 later decisions quote this exact passage
   e.g. 27 Va. App. 634 - Rooney v. Commonwealth · 41 Va. App. 571 - Dove v. Commonwealth

2. “All necessary circumstances proved must be consistent with guilt and inconsistent with innocence. It is not sufficient that the evidence create a suspicion of guilt, however strong, or even a probability of guilt, but must exclude every reasonable hypothesis save that of guilt. To accomplish that the chain of circumstances must be unbroken and the evidence as a whole must be sufficient to satisfy the guarded judgment that both the corpus delicti and the criminal agency of the accused have been proved to the exclusion of any other reasonable hypothesis and to a moral certainty. H« >!• H* H* H* A bookkeeper cannot be held criminally liable for embezzling funds merely because the funds received had not been deposited where there is an obvious lack of internal control and where persons other than the accused received funds and made some entries in the accounts in the absence of a showing that he converted the funds to his own use.”

   1 later decision quote this exact passage
   e.g. 25 Va. App. 289 - Scott Tribuzi, s/k/a, etc. v. Commonwealth