Smith v. Commonwealth

261 S.E.2d 550, 220 Va. 696, 1980 Va. LEXIS 155
CourtSupreme Court of Virginia
DecidedJanuary 11, 1980
DocketRecord 790371
StatusPublished
Cited by51 cases

This text of 261 S.E.2d 550 (Smith 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
Smith v. Commonwealth, 261 S.E.2d 550, 220 Va. 696, 1980 Va. LEXIS 155 (Va. 1980).

Opinions

HARRISON, J.,

delivered the opinion of the Court.

William Ray Smith was convicted by a jury of first degree murder and sentenced by the trial court to a term of twenty-five years in the [698]*698state penitentiary. The sole question on appeal is whether there was sufficient evidence of premeditation, an essential element of first degree murder.

About 7 p.m. on Sunday, August 28, 1977, Patricia Dale McGlothlin, age twenty, left home to go to an ice cream parlor in Richlands, Virginia, to obtain drinks for herself and her mother, Shirley McGlothlin. She was driving her mother’s 1974 maroon Chevrolet Impala. When Patricia did not return by 8 p.m., Mrs. McGlothlin began making efforts to locate the girl. The following morning she reported to the police that her daughter was missing.

Carol Dye testified that she had never met the defendant Smith until August 28, 1977, when he asked her husband to take him to a local trailer court. Mrs. Dye said that when they got to the court it developed that Smith wanted to “pick up two garbage bags of dope” and offered her husband $150 to deliver it. She objected and told her husband to return Smith to the King Kone and then take her home. Mrs. Dye also testified that Smith was “real nervous. . .and got real upset,” and that during the trip back to the King Kone the defendant said, “I’ve got it in for someone.” She said that when she asked “Who?”, he would not respond. The defendant got out of the Dye car at the King Kone.

Stevie A. Honaker, defendant’s brother-in-law, testified that he was at the King Kone and saw Patricia McGlothlin drive up in her mother’s car, which he described as a maroon Chevrolet Impala. He said a few minutes later “this Dye boy” pulled up and Smith got out of the Dye car and got in the McGlothlin car. Honaker then observed Smith and Patricia drive away.

Patricia was not seen again by anyone who testified until Wednesday, August 31st. Harold Boyd said that he saw Patricia and Smith the latter part of August 1977, on what he thought was a Wednesday, when he passed them near a cemetery on Red Root Ridge. He said that they were parked in a Chevrolet Impala and that Patricia was on the passenger side of the car. Tommy D. Shelton testified that he also saw Patricia and Smith on a Wednesday in August in a maroon Chevrolet near the cemetery. Grant Van Dyke testified that he saw Patricia and Smith parked on Red Root Ridge Road in a maroon Chevrolet on the last Wednesday in August (August 31, 1977); about 10 or 10:30 at night. He said Patricia was “sitting with her head reared back” and that neither she nor Smith ever moved.

Mary Smith lived on Red Root Ridge in her parents’ house located on a road near the cemetery which figured prominently in the evidence. She testified that on Wednesday night, August 31, 1977, about 11 [699]*699p.m., she observed the rear lights of a car going down the ridge. She said the trail the car was following was sparsely traveled, and no one lived in the area. She testified that the following morning, Thursday, September 1st, about 10:30 or 11 a.m., Smith came to their house alone, driving a “red car with.a black vinyl top,” and asked for a drink of water. She also said that Smith returned on three different occasions, each time sitting in the car and blowing the horn. She testified that until this period in late August, Smith had visited her home only twice in an eight-month period.

Mrs. McGlothlin’s car was recovered in defendant’s possession on Monday, September 5, 1977. Smith, in an attempt to resist arrest, held his four-year-old son hostage for approximately twenty-four hours. He stated to the officers that he did not intend to go back to jail and also that he purchased the Chevrolet automobile from Patricia. Smith exhibited to the police a handwritten note that he said was given him by the girl. It reads: “I Patricia McGlothlin give this 1974 Chevy Impala to William Smith.” Signed, “Patricia McGlothlin” At the bottom of the writing, in hand print, is an addition, “For $200.00” A handwriting expert testified that the handwriting was that of Patricia, but he could not identify the hand-printed portion as that of the girl.

On September 27, 1977, the badly decomposed and partially skeletonized body of Patricia McGlothlin was found on a forty-five degree embankment in a heavily wooded area on Red Root Ridge, about sixty or seventy feet down from a logging road. This is a remote section of Tazewell County, locally referred to as Doran Mountain. Located in this mountainous area are the cemetery, the house in which Mary Smith and her parents lived, and the roads on which Smith and Patricia were seen by witnesses.

Dr. David W. Oxley, Deputy Chief Medical Examiner, testified that he was of opinion that Patricia’s death occurred “within a day or two” of the time the victim was reported as missing. He attributed her death to a large, depressed skull fracture caused by a blunt force applied to the right back of the head.

On November 23, 1977, Smith voluntarily, and in the presence of his attorney, gave a statement in which he denied the murder of Patricia. In the statement he said: “I have known Patricia McGlothlin for about four years. I have never dated her, but I have rode [s7c] around some with her and smoked pot and I have been to a few parties at different places when she was there.” He stated that Patricia told him she wanted to sell the car because “she needed the money for reefers for someone else”; that he paid Patricia $200; that he then accompanied her to Sword’s Creek, where she bought marijuana from [700]*700an unidentified person; and that after smoking marijuana he let her use the car that night to go to Grundy. In his statement Smith further claimed that he saw Patricia the next morning (Monday) but did not see her again until the following Friday, at which time he loaned his automobile to one Joe Morris, who took Patricia with him. He stated that this was the last time he ever saw her. The balance of Smith’s statement was devoted to an effort by him to implicate Joe Morris in the murder of Patricia and to absolve himself of blame. Morris testified that he had never seen or known Patricia McGlothlin and denied any involvement in the murder.

Stuart Cole, a cellmate of Smith’s in the Tazewell County Jail, testified that he discussed the murder charge with Smith and that defendant had said “he thought he had killed a girl, but he couldn’t remember.” Cole admitted that he voluntarily told the officers of his conversation with the defendant and that at the time he first talked to the police officers he told them that William Smith said “he had been with Patricia and that he had killed the girl.”

Franklin Sams, Special Agent for the United States Secret Service, was in Tazewell County during 1977 and 1978, on an official investigation which involved both Patricia McGlothlin and the defendant, although apparently neither knew of this investigation. Sams testified that he “developed Smith as a suspect in a government matter that was under investigation,” and that on April 6, 1978, he interviewed Smith in the presence of his attorney. He told Smith that both he and Patricia McGlothin were suspects in the “inquiry” he was conducting. When asked if Smith made any statement or comment to him, Sams responded: “Yes. While I was explaining to him the reason for the interview, he made a brief comment and that comment was ‘If I make any admissions on this, then I give them a motive for her murder.’ ”

The fact of the homicide is not in issue here.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Martique Laquan Holland v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Divine Rahim Jackson v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Kevin Benitez Sorto v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Travis Ryan Brown v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Calvin Maurice Reynolds v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Willie Floyd, Jr. v. Commonwealth of Virginia
Court of Appeals of Virginia, 2024
James Edward Fultz, IV v. Commonwealth of Virginia
Court of Appeals of Virginia, 2023
Yasir Malik Smith v. Commonwealth of Virginia
Court of Appeals of Virginia, 2022
Jonathan Ross Hawker v. Commonwealth of Virginia
Court of Appeals of Virginia, 2022
Randolph Eugene Smith v. Commonwealth of Virginia
Court of Appeals of Virginia, 2022
Darrius Donta Copeland v. Commonwealth of Virginia
Court of Appeals of Virginia, 2021
Floyd William Logan, IV v. Commonwealth of Virginia
Court of Appeals of Virginia, 2016
Commonwealth v. Hines
88 Va. Cir. 130 (Norfolk County Circuit Court, 2014)
Daquan Lajames Saunders v. Commonwealth of Virginia
Court of Appeals of Virginia, 2013
Steven Allen Riddick v. Commonwealth of Virginia
Court of Appeals of Virginia, 2008
Jordan v. Commonwealth
649 S.E.2d 709 (Court of Appeals of Virginia, 2007)
Aldridge v. Commonwealth
606 S.E.2d 539 (Court of Appeals of Virginia, 2004)
Rebecca Scarlett Cary v. Commonwealth
Court of Appeals of Virginia, 2004

Cite This Page — Counsel Stack

Bluebook (online)
261 S.E.2d 550, 220 Va. 696, 1980 Va. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-commonwealth-va-1980.