Branch v. Commonwealth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• adopting the minority position that this situation does not support a conviction for robbery, but rather separate convictions for assault and theft
• stating, “[t]he intent to steal and the taking must coexist” and “the offense is not robbery unless the animus furandi was conceived before or at the time the violence was committed”
• no evidence of intent to rob where idea to take and destroy victim’s identification from his wallet occurred only after alleged accidental murder; holding evidence insufficient as a matter of law to support robbery conviction
• no evidence of intent to rob where idea to take and destroy victim's identification from his wallet occurred only after alleged accidental murder; holding evidence insufficient as a matter of law to support robbery conviction
• refusing to consider hearsay objection first presented on appeal
• refusing to consider hearsay objection first presented on appeal

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• George v. Commonwealth
  Supreme Court of Virginia· 1991-11-08· cited 115×
• Stebbing v. State
  Court of Appeals of Maryland· 1984-04-16· cited 115×
• Timothy Dale Bunch v. Charles Thompson, Warden, (Two Cases)
  Fourth Circuit· 1991-11-27· cited 95×
• Yeatts v. Commonwealth
  Supreme Court of Virginia· 1991-09-20· cited 92×
• Edmonds v. Commonwealth
  Supreme Court of Virginia· 1985-04-26· cited 51×
• George v. Angelone
  Fourth Circuit· 1996-11-14· cited 45×
• M.E.D. v. J.P.M.
  Court of Appeals of Virginia· 1986-11-05· cited 43×
• Med v. Jpm
  Court of Appeals of Virginia· 1986-11-05· cited 40×
• Kenneth Williams v. Robert R. Kelly, Warden
  Fourth Circuit· 1987-05-12· cited 35×
• State v. Lopez
  Supreme Court of New Jersey· 2006-06-01· cited 34×
• Wendell Kirk Dean v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2012-12-04· cited 29×
• Shepperson v. Commonwealth
  Court of Appeals of Virginia· 1995-02-07· cited 22×
• Commonwealth v. Jones
  Supreme Court of Virginia· 2004-01-16· cited 21×
• Tibbs v. Commonwealth
  Court of Appeals of Virginia· 2000-03-07· cited 17×
• Irving v. Commonwealth
  Court of Appeals of Virginia· 1992-09-29· cited 7×
• United States v. Joseph Williams
  Fourth Circuit· 2023-03-27· cited 3×
• Jones v. Commonwealth
  Court of Appeals of Virginia· 2003-01-14· cited 2×
• Tung v. Johnson
  E.D. Virginia· 2016-02-10· cited 2×
• Belarde v. State
  Court of Appeals of Alaska· 2016-05-20
• Jones v. Commonwealth
  Court of Appeals of Virginia· 2002-11-26

Cites

4 cases in this archive are cited by this case.

• Whitley v. Commonwealth
  Supreme Court of Virginia· 1982-01-22· cited 86×
• Patterson v. Commonwealth
  Supreme Court of Virginia· 1981-10-16· cited 53×
• Jackson v. Chesapeake & Ohio Ry. Co.
  Supreme Court of Virginia· 1942-06-08· cited 53×
• Jones v. Commonwealth
  Supreme Court of Virginia· 1939-02-20· cited 37×