James Calloway Nobles, IV v. Commonwealth of Virginia

Summary

The Supreme Court of Virginia affirmed a bench-trial conviction for attempted murder, holding the evidence sufficient to establish the specific intent to kill that offense requires. Although the trial court had found the Commonwealth failed to prove intent to kill at the time of the defendant's entry into the victim's home — convicting him only of trespass on a related breaking-and-entering charge — the court held the evidence supported the finding that he formed that intent afterward, where he smothered the victim with his hands, covered her face with a pillow, tied a pillowcase around her head and struck her repeatedly with a blunt object, and threatened to kill her if she moved. Because “intent in fact” may be shown by the circumstances of the offense, including the actor's conduct and statements, and a person is presumed to intend the immediate, direct, and necessary consequences of his voluntary acts, the existence of intent was a question for the trier of fact.