Robinson v. Commonwealth

91 S.E.2d 396, 197 Va. 754, 1956 Va. LEXIS 149
CourtSupreme Court of Virginia
DecidedMarch 5, 1956
DocketRecord 4511
StatusPublished
Cited by7 cases

This text of 91 S.E.2d 396 (Robinson 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
Robinson v. Commonwealth, 91 S.E.2d 396, 197 Va. 754, 1956 Va. LEXIS 149 (Va. 1956).

Opinion

*755 Buchanan, J.,

delivered the opinion of the court.

The defendant, John Dudley Robinson, was tried by a jury on an indictment charging him with the rape of Juanita Snyder. Code § 18-54. He was found guilty and his punishment fixed at life imprisonment. The court overruled his motion to set aside the verdict and sentenced him in accordance with the finding of the jury. Under his assignments of error on this appeal he contends that the Commonwealth did not prove the venue of the offense; that the evidence was not sufficient to support the verdict, and that the court erred in admitting the testimony o"f a witness for the Commonwealth. We look first to the sufficiency of the evidence.

The prosecutrix, Mrs. Snyder, twenty-seven years old and the mother of three children, lived on Pall Mall street, in Norview, Norfolk county, and at the time of the offense she was working at People’s Drugstore in Lakeland Shopping Center, where she had been employed since the previous March.

She testified that on Thursday night, May 20, 1954, she got off from work about 10:05 p.m. and started walking home on the right-hand side of Bell’s Road. The other stores were closed, there were no other people on the street, and when she had reached the last house of the Lakeland apartments, where there was some light from a street lamp, a car pulled up, stopped beside her and one of its occupants asked her a question. She looked around, saw they were two Negroes and started to run but dropped her package. As she stopped to pick it up one of the men, who was sitting beside the driver, jumped out of the car and grabbed her. In the ensuing struggle he tore her dress, knocked out some of her teeth and pulled her into the car, shut the door several times on her foot, causing it to bleed, and the car drove ahead on Bell’s Road.

After getting her into the car its occupants held her head down between their legs and hit her with their fists when she tried to rise up. She begged them to take her money and let her go, but they ordered her to shut up and threatened to kill her. After making about four turns, the car pulled off the road and into a field. There they made her get into the back seat and take off her clothes. One held her while the other had intercourse with her. She thought she fainted once when the one she afterwards identified as the defendant, who was the driver of the car, pulled her head back and hurt her. They heard someone drive by and pulled farther out into the field toward some lights, where they attacked her again. Each one had *756 intercourse with her three times. She said she cried so much her throat was sore and all she could do was pray. They were drinking.

Afterwards they put her in the back seat of the car behind the driver and started back. She was required to keep her head down and the younger man, not the defendant she said, sat beside her with a rock in his hand with which he threatened her if she rose up or said anything. She kept asking them to let her out, stating that she knew her way home, but they said they would take her home. They came to an intersection and started down the Military Highway, where she recognized some signs and places. She thought they rode seven or eight miles, maybe farther, in going back. They put her out on Bell’s Road, about a block and a half from where they had picked her up. They told her not to say anything or they would come back and get her. This was about twenty to twenty-five minutes after eleven, she said.

She walked and crawled back home, where her mother, with whom she lived, attended her and then called the police, who came and took her to a hospital where she was treated. On leaving the hospital that night the police took her out to see if she could locate where she had been.

The following day, May 21, about noon, a police officer saw the prosecutrix at her home. He testified that she was bruised and the left side of her face and her mouth were badly swollen. Her legs were swollen, bruised and stiff. He wanted her to go with him to try to identify the place, but she could not walk by herself and had to be helped to the car. She was in a very nervous condition. They rode all around the general vicinity of the Municipal Airport but she was not then able to identify the place. Afterwards she went several times to see if she could locate where she had been. Still later a police officer and a State trooper took her to a place she described to them as being where the offense occurred, and which she said was around the airport in Norfolk county, she supposed, but the officers testified it was in Princess Anne county.

On July 14, 1954, Mrs. Snyder, in company with a police officer, went to the Norfolk county jail where the defendant was being held on another charge. Her mission was to see if she could identify him as one of her assailants. The defendant was put in a line-up with nine other men, two or three of whom were of defendant’s height and color. She was asked to say nothing to anyone but to *757 stop in front of each man, look him over carefully, then come outside and report. This was done at least twice and each time she identified the defendant, Robinson, as being one of the men who attacked her. She testified that she knew him as soon as she saw his face and his big build. She was asked on cross-examination if when she saw this man in the line-up she could possibly have been mistaken about the face she saw the night of the attack. She replied that it was not possible; that she could see his face in the light from the airport when she had to face him each of the three times he had assaulted her and made her kiss him, and she could not be mistaken. She also pointed him out in the courtroom at the time of the trial without hesitation.

He was the driver of the car, she said, and while in the car she had looked it over to see if there was anything she could identify about it. She did not know its make, but said it was a dark car with leather upholstering, the top light had been torn out and there were some stickers of what appeared to be a rooster in the front of the car. She saw this car afterwards, she said, at the defendant’s home, where she identified it in the presence of Police Officer Struncius, his wife and State Trooper Coffman.

After her identification of the defendant at the jail, Officer Struncius asked him if he owned a car. He replied that he owned an old Chevrolet, he didn’t know whether it was blue or green but decided it was green. That night Mrs. Snyder went with Struncius, his wife and Trooper Coffman to the defendant’s home, examined the car and the officers testified that it corresponded with her description as to color, upholstering and ceiling light. The trooper testified she looked the car over very thoroughly before identifying it.

The defendant’s half brother was at defendant’s home that night. Mrs. Synder thought she recognized his voice and that he was one of the men who had assaulted her. He was questioned by the police but later released and she admitted that she was mistaken about him.

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Fisher v. Commonwealth
321 S.E.2d 202 (Supreme Court of Virginia, 1984)
Poindexter v. Commonwealth
191 S.E.2d 200 (Supreme Court of Virginia, 1972)
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187 S.E.2d 180 (Supreme Court of Virginia, 1972)
Fogg v. Commonwealth
159 S.E.2d 616 (Supreme Court of Virginia, 1968)
Hammer v. Commonwealth
148 S.E.2d 892 (Supreme Court of Virginia, 1966)

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Bluebook (online)
91 S.E.2d 396, 197 Va. 754, 1956 Va. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-commonwealth-va-1956.