Supreme Court of Virginia
Epoch Tacoma Higginbotham v. Commonwealth of Virginia
October 10, 1975216 Va. 349
Summary
The Supreme Court of Virginia affirmed Epoch Tacoma Higginbotham's jury convictions of robbery and first degree murder, rejecting his contention that the wholly circumstantial evidence was insufficient. Applying the rule that circumstantial proof must form an unbroken chain excluding every reasonable hypothesis of innocence, the court reasoned that the victim was alive and alone minutes before the defendant twice entered the deserted store, stole a bottle of wine, and hurriedly ordered his companion to turn the car toward the highway; when discovered moments after the defendant's final exit, the victim lay bleeding behind a rifled cash register. The court held the jury could properly infer beyond a reasonable doubt that the defendant murdered Sechrest and rifled the register during his second entry. No separate opinions were filed.