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Rape Chesterfield Virginia Murder Attempt Charge

Rape Chesterfield Virginia Murder Attempt Charge

Charles v. Commonwealth
Facts:

Defendant was convicted of rape in the first trial court. He was then convicted in the Circuit Court of Chesterfield County (Virginia) (second trial court) of attempted capital murder and rape. The prior rape conviction served in the murder trial as the predicate for the attempted capital murder charge. Defendant appealed, arguing double jeopardy. Defendant raped a woman in the first trial court’s jurisdiction. He transported the victim into the jurisdiction of the second trial court, raped her again, then cut her throat. Defendant objected at the murder trial to the use of the rape conviction as the predicate for the murder charge. Defendant was also convicted in the second trial court of the second rape.

Rape Chesterfield Virginia Murder Attempt Charge

Rape Chesterfield Virginia lawyer

Issue:
  • Whether the second trial court had jurisdiction over the murder charge?
Discussion:

The court noted that under the general test for double jeopardy, where the same conduct constituted a violation of multiple statutes, multiple convictions under those statutes were allowed if each statute required proof of a fact the other did not. But that test allowed multiple prosecutions in the same trial. However, the court also found that the aforementioned rules of jeopardy did not apply where no one court had jurisdiction over all the alleged crimes. The first trial court had jurisdiction over the first rape but not the murder charge. The second trial court had jurisdiction over the murder charge but not the first rape. The court affirmed defendant’s convictions for attempted capital murder and rape

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Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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