COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Bray and Bumgardner 

Argued at Salem, Virginia 

DAVID ANDREW LAWHORN 

 MEMORANDUM OPINION* BY 

v. Record No. 2100-98-3 JUDGE RICHARD S. BRAY 

 OCTOBER 26, 1999 

COMMONWEALTH OF VIRGINIA 

FROM THE CIRCUIT COURT OF AUGUSTA COUNTY 

Thomas H. Wood, Judge 

 (William E. Bobbitt, Jr., Public Defender, on 

brief), for appellant. Appellant submitting 

on brief. 

 Jeffrey S. Shapiro, Assistant Attorney 

General (Mark L. Earley, Attorney General, on 

brief), for appellee. 

 

* Pursuant to Code § 17.1-413, recodifying Code 

§ 17-116.010, this opinion is not designated for publication.

 David Andrew Lawhorn (defendant) was convicted in a bench 

trial for possession of a firearm by a convicted felon, a 

violation of Code § 18.2-308.2. On appeal, he challenges only the 

sufficiency of the evidence to prove venue in Augusta County. 

Finding no error, we affirm the trial court. 

 The parties are fully conversant with the record, and this 

memorandum opinion recites only those facts necessary to a 

disposition of the appeal. 
I. 

 In reviewing sufficiency of the evidence, we consider the 

record "in the light most favorable to the Commonwealth," 

"discard[ing] all evidence of the accused that conflicts with that 

of the Commonwealth and regard[ing] as true all credible evidence 

favorable to the Commonwealth and all fair inferences reasonably 

deducible therefrom." Lea v. Commonwealth, 16 Va. App. 300, 303, 

429 S.E.2d 477, 479 (1993). The credibility of the witnesses, the 

weight accorded testimony, and the inferences drawn from proven 

facts are matters to be determined by the fact finder. See Long 

v. Commonwealth, 8 Va. App. 194, 199, 379 S.E.2d 473, 476 (1989). 

The judgment of the trial court will not be disturbed unless 

plainly wrong or unsupported by the evidence. See Code 

§ 8.01-680. 

 Viewed accordingly, the instant record discloses that 

Sergeant A.C. Powers of the Augusta County Sheriff's Department 

secured a warrant to search defendant’s residence and automobile. 

The warrant was supported by information provided by defendant's 

estranged wife, Shelby Lawhorn, which pertained to a stolen "four 

wheeler" and certain firearms. During the related search, Powers 

discovered a 12-gauge shotgun in a bedroom of the home, a 

9-millimeter pistol in the vehicle, and the four-wheeler "setting 

[sic] right behind" "a couple of old sheds" "across from" the 

residence. Powers testified that the house was located in 

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Craigsville, Virginia, and that "the four wheeler was recovered in 

the Craigsville, Augusta Springs area." 

 At the conclusion of the Commonwealth's case-in-chief, 

defendant moved the court to strike the evidence on the firearm 

charge, arguing that the record failed to establish that the 

offense occurred in Augusta County. The court denied the motion, 

taking "judicial notice," without objection, that "both Augusta 

Springs and Craigsville are in . . . Augusta County." 

 Called as a defense witness, Shelby Lawhorn testified that 

the couple acquired the residence by "deed of gift" in 1996 or 

1997. However, in an effort to "get [defendant] in trouble," Mrs. 

Lawhorn admitted informing Sergeant Powers that she had "inherited 

some land in Craigsville" and had "heard through the grapevine 

that there was some stolen property out there," specifically 

mentioning a "four wheeler" and "the guns." She further testified 

that "the house is in Rockbridge County" and related property 

taxes were paid to that county, contrary to her prior statement to 

Powers that the realty was situated in Augusta County. 

 Defendant also testified that the property was located in 

Rockbridge County, but introduced neither the related deed nor tax 

verification. 

 At the conclusion of all the evidence, defendant renewed his 

motion to strike, again challenging the sufficiency of the 

evidence to establish venue. In denying the motion, the court 

commented that 

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[t]he Commonwealth must produce evidence 

sufficient to give rise to a strong 

presumption that the offense was committed 

within the jurisdiction of the Court and 

what we have got here is the clear testimony 

of Mr. Powers that the Rockbridge line is a 

half a mile from where he was and we have 

the testimony of the Lawhorn's [sic], 

neither of whom are credible witnesses to 

the effect that it is in Rockbridge County. 

So this Court will find that it is a matter 

of fact in this case that this house in 

which this 12 gauge was found and the car in 

which the 9 millimeter were found were both 

located in Augusta County when they were 

found by Deputy Powers. 

Defendant was subsequently convicted for the subject offense and 

initiated this appeal. 

II. 

 Generally, "the prosecution of a criminal case shall be had 

in the county or city in which the offense was committed." Code 

§ 19.2-244. To establish venue, the Commonwealth must "produce 

evidence sufficient to give rise to a 'strong presumption' that 

the offense was committed within the jurisdiction of the court, 

and this may be accomplished by either direct or circumstantial 

evidence." Cheng v. Commonwealth, 240 Va. 26, 36, 393 S.E.2d 

599, 604 (1990) (citation omitted). "'The facts proved may be 

aided by judicial notice of geographical facts that are matters 

of common knowledge or shown by maps in common use.'" 

Sutherland v. Commonwealth, 6 Va. App. 378, 381, 368 S.E.2d 295, 

297 (1988) (citation omitted). 

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 Here, Sergeant Powers' testimony established that the 

offending firearms were found in the constructive possession of 

defendant on property located in Craigsville, Augusta County, 

Virginia. Without objection, the trial court took judicial 

notice that Craigsville is located in Augusta County and 

expressly rejected testimony of both defendant and Mrs. Lawhorn 

to the contrary. See Moore v. Commonwealth, 25 Va. App. 277, 

289, 487 S.E.2d 864, 870 (1997). Thus, the evidence 

sufficiently supported the finding of a strong presumption that 

the offense was committed in Augusta County. 

 Accordingly, we affirm the conviction. 

 Affirmed.

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