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STILLWELL v. COM.

Record Nos. 771528, 771527 and 771526.

247 S.E.2d 360 (1978)

Jerry Dean STILLWELL v. COMMONWEALTH of Virginia. Jerry Dean LOWERY v. COMMONWEALTH of Virginia. Jackie Wade PHILLIPS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 31, 1978.

Attorney(s) appearing for the Case

Emmitt F. Yeary, Mary Lynn Tate, Abingdon (Yeary, Lohman & Tate, P. C., Abingdon, on brief), for appellants.

Thomas D. Bagwell, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

HARRISON, Justice.

Jerry Dean Stillwell, Jerry Dean Lowery and Jackie Wade Phillips contend that Virginia Code Sections 18.2-248 and 18.2-263 unconstitutionally shift the burden of proof of the offenses with which they have been charged away from the Commonwealth and onto the defendants. They also assert that the statutes are unconstitutionally vague in that they fail to state any standard of proof.

Stillwell, Lowery...

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