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State court of last resort · ST-VA-SC
Velasquez v. Commonwealth
No. 071787Supreme Court of Virginia
071787 Velasquez v. Commonwealth 06/06/2008 In an appeal from a rape conviction under Code § 18.2-61, the Court of Appeals erred in affirming the circuit court's ruling granting an instruction telling the jury…
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071787 Velasquez v. Commonwealth 06/06/2008 In an appeal from a rape conviction under Code § 18.2-61, the Court of Appeals erred …
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- Supreme Court of Virginia
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- October 4, 2026
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- June 6, 2008
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071787 Velasquez v. Commonwealth 06/06/2008 In an appeal from a rape conviction under Code § 18.2-61, the Court of Appeals erred in affirming the circuit court's ruling granting an instruction telling the jury that an intent to rape could be inferred from the defendant's unauthorized presence in the victim's home. Rape, unlike burglary, is a general-intent crime; thus, the instruction was an improper comment on the evidence. However, error in granting the instruction was harmless beyond a reasonable doubt due to the overwhelming evidence of the defendant's guilt. Because the result would not be different if the instruction had been refused, the judgment of the Court of Appeals upholding the…
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AffirmedGranted
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071787 Velasquez v. Commonwealth 06/06/2008 In an appeal from a rape conviction under Code § 18.2-61, the Court of Appeals erred in affirming the circuit court's ruling granting an instruction telling the jury that an intent to rape could be inferred from the defendant's unauthorized presence in the victim's home. Rape, unlike burglary, is a general-intent crime; thus, the instruction was an improper comment on the evidence. However, error in granting the instruction was harmless beyond a reasonable doubt due to the overwhelming evidence of the defendant's guilt. Because the result would not be different if the instruction had been refused, the judgment of the Court of Appeals upholding the…
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