Green v. Commonwealth
Green v. Commonwealth
Opinion of the Court
delivered the opinion of the court.
Alvin W. Green was indicted for unlawfully and feloniously managing, promoting and operating for money or other thing of value a lottery commonly known as the numbers game. On March 31 and April 1, 1970, a jury trial was had and Green was found guilty of the crime charged in the indictment. His punishment was fixed at eight months in jail and a fine of $500. On June 2, 1970, the trial court entered judgment in accordance with the jury’s verdict. We granted a writ of error to that judgment.
The question presented in this appeal is whether the evidence is sufficient to support the jury’s verdict.
On September 19, 1969, a special unit of the Arlington Police
A search warrant was obtained for Green’s automobile. On September 26, Detective Spalding found Green and his automobile in front of the barber shop on Shirlington Road. Spalding noticed numbers written on Green’s hand and immediately placed him under arrest for operating a lottery. At that time Green had $50.01 on his person. It consisted of two ten dollar bills, three fives, ten ones, sixteen quarters, four dimes, seven nickles, and twenty-six pennies. A search of Green’s car produced several ball point pens, three pads and a piece of rice (water soluble) paper. The pads and rice paper were blank.
At police headquarters Green stated that the numbers on his hand were ones he played that morning. He also said he had hit number 806 in January for $19,000. An officer inquired whether that “[m]ade the office unhappy.” Green said “[n]o” and then said, “I don’t know.”
The evidence in this case is circumstantial. We have often said that a conviction can be based on circumstantial evidence. But the circumstantial evidence must be such that all reasonable conclusions inconsistent with guilt are excluded. Moss v. Commonwealth, 211 Va. 729, 731, 180 S.E.2d 535, 537 (1971). We are of opinion that the 'evidence adduced against Green fails to exclude all reasonable conclusions inconsistent with guilt. Although the numbers written on Green’s hand, the money found on him, the materials found in his car, his daily visits to the poolroom and barber shop, and his statement that he hit a number paying $19,000 may create a suspicion
The Commonwealth has cited several Virginia cases in support of its position that the evidence in this case is sufficient to uphold the conviction. Suffice it to say we have reviewed these cases and find that the evidence in each was stronger than the evidence presented in the case at bar.
The judgment appealed from is reversed and the case remanded for a new trial if the Commonwealth be so advised.
Reversed and remanded.
Reference
- Full Case Name
- Alvin W. Green v. Commonwealth of Virginia
- Cited By
- 1 case
- Status
- Published