Opinion

Brown v. Commonwealth

223 Va. 601
292 S.E.2d 319
1982 Va. LEXIS 245

Court: Supreme Court of Virginia
Filed: Jun 18, 1982
Status: Published
Author: Stephenson
On the bench: Cochran, Stephenson
Cited by: 13 cases
Authority: More cited than 6.6%

where one spouse is indicted for offense against the other and for an offense against a third party and both offenses arose from a common criminal enterprise, the one spouse can testify against the other in prosecution of both charges

How later courts described this case

where one spouse is indicted for offense against the other and for an offense against a third party and both offenses arose from a common criminal enterprise, the one spouse can testify against the other in prosecution of both charges

Written by the judges who cited it.

The opinion

STEPHENSON, J.,

concurring.

While I agree with the majority’s holding, I do not agree that Jenkins v. Commonwealth, 219 Va. 764 , 250 S.E.2d 763 (1979), is distinguishable. Therefore, I would overrule Jenkins .

POFF, J., joins in concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.