Commonwealth v. Orkin Exterminating Co.

Grayson County Circuit Court

Commonwealth v. Orkin Exterminating Co.

10 Va. Cir. 118, 1987 Va. Cir. LEXIS 106

CourtGrayson County Circuit Court

DecidedMay 6, 1987

DocketCases No. (Criminal) 87-12 and 87-13

StatusPublished

This text of 10 Va. Cir. 118 (Commonwealth v. Orkin Exterminating Co.) is published on Counsel Stack Legal Research, covering Grayson County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Orkin Exterminating Co., 10 Va. Cir. 118, 1987 Va. Cir. LEXIS 106 (Va. Super. Ct. 1987).

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Opinion

By JUDGE WILLIS A. WOODS

Within the Commonwealth of Virginia the crime of involuntary manslaughter is defined by the common law. Section 18.2-36 of the Code merely prescribes the punishment. Adopting the reasoning of the Court in State v. Pacific Power Company, 360 P.2d 530 (Ore. 1961), it is my opinion that at common law a corporation could not be convicted of the crime of manslaughter. The Legislature by the enactment of Section 1-13.19 of the Code did not intend to extend corporate responsibility to crimes of personal violence. If public policy requires the extension of corporate responsibility in this area, that is a matter for the Legislature and not this Court.

The case of Postal Telegraph-Cable Company v. City of Charlottesville, 126 Va. 800 (1919), cited by the Commonwealth is distinguishable from the case at bar; the Charlottesville case involved penal sanctions for the violation of certain license taxes.

For the reasons stated, the defendant’s motion to dismiss is sustained in both cases.

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By JUDGE WILLIS A. WOODS

Within the Commonwealth of Virginia the crime of involuntary manslaughter is defined by the common law. Section 18.2-36 of the Code merely prescribes the punishment. Adopting the reasoning of the Court in State v. Pacific Power Company, 360 P.2d 530 (Ore. 1961), it is my opinion that at common law a corporation could not be convicted of the crime of manslaughter. The Legislature by the enactment of Section 1-13.19 of the Code did not intend to extend corporate responsibility to crimes of personal violence. If public policy requires the extension of corporate responsibility in this area, that is a matter for the Legislature and not this Court.

The case of Postal Telegraph-Cable Company v. City of Charlottesville, 126 Va. 800 (1919), cited by the Commonwealth is distinguishable from the case at bar; the Charlottesville case involved penal sanctions for the violation of certain license taxes.

For the reasons stated, the defendant’s motion to dismiss is sustained in both cases.

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10 Va. Cir. 118, 1987 Va. Cir. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-orkin-exterminating-co-vaccgrayson-1987.

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