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Essex v. Commonwealth
Virginia Supreme Court
322 S.E.2d 216 (1984)
- Written by Rose VanHofwegen, JD
Facts
Warren Essex (defendant) drove drunk, crossed the center line, hit a pickup truck head-on, and killed three people. Beforehand, another driver saw Essex swerving, passing illegally, and running a red light. Two-and-a-half hours later, Essex’s blood alcohol content was 0.144 percent. Essex said steering trouble made him veer into oncoming traffic, but an expert mechanic found no steering problems. The trial judge instructed the jury that it could find Essex guilty on three counts of second-degree murder. The jury convicted. Essex appealed, arguing he lacked the malicious intent required for murder.
Rule of Law
Issue
Holding and Reasoning (Russell, J.)
Concurrence/Dissent (Poff, J.)
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