Cook v. Commonwealth

309 S.E.2d 325, 226 Va. 427, 1983 Va. LEXIS 301
CourtSupreme Court of Virginia
DecidedDecember 2, 1983
DocketRecord 830581
StatusPublished
Cited by82 cases

This text of 309 S.E.2d 325 (Cook v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Commonwealth, 309 S.E.2d 325, 226 Va. 427, 1983 Va. LEXIS 301 (Va. 1983).

Opinions

RUSSELL, J.,

delivered the opinion of the Court.

Tried by a jury, James E. Cook was convicted of arson of an unoccupied dwelling in the nighttime (Code § 18.2-77) and of arson of personal property with intent to defraud an insurance company (Code § 18.2-81). The sole issue presented by his appeal is whether the evidence was sufficient to support the convictions.

The evidence was entirely circumstantial. We review it, as we must, in the light most favorable to the Commonwealth.

In 1981, Jack Osmond and his wife were the owners of a duplex residential building at the intersection of Atlantic Avenue and 65th Street in Virginia Beach. In August 1981, they rented the downstairs apartment to Cook and a man named Mazza. The Osmonds had difficulty collecting the rent each month, culminating in the receipt of a rent check from Cook which was returned as being written on a “closed account.”

Osmond went to the apartment in mid-December to try to collect the delinquent rent. Mazza had moved out at the end of November and a man named Tholand was living there with Cook. Cook was not present, but Tholand opened the door. Osmond found the carpet rolled up, personal belongings packed in boxes, and the pictures removed from the walls. Concluding that Cook was preparing to move out without paying the rent, Osmond secured a distress warrant which the sheriff levied on the personal property in the apartment on December 17. Later that day Tho-land informed Cook of the levy.

Meanwhile, the defendant and Tholand had moved to a motel on December 13. On December 22, Cook caused the electric service to the apartment, which had been billed in his name, to be disconnected.

The defendant obtained a written binder for a policy of “renter’s insurance” on the personal property in the apartment from J. H. Barnes, an agent for Nationwide Mutual Fire Insurance Company. He had earlier discussed such insurance with [430]*430Barnes, but did not come to Barnes’ office to obtain issuance of the written binder until December 22. Barnes testified that he would not have issued the insurance if he had known that the insured property had been subjected to the levy of a distress warrant, or that the occupants of the apartment had moved out, leaving it vacant, but Cook concealed these facts from him. Although Cook had been continuously delinquent in his rent, and had delivered a check on a closed account for his last rent payment, he wrote a good check for the fire insurance premium, which Barnes received on January 2, 1982 after the fire had occurred.

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Bluebook (online)
309 S.E.2d 325, 226 Va. 427, 1983 Va. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-commonwealth-va-1983.