Herring v. Commonwealth, 758 S.E.2d 225

Herring, Jr. lived with his wife Heather, their three children, and the grandfather in Augusta County; a December 2010 dispute escalated to threats with firearms.
Herring was charged with attempted first-degree murder of Heather, abduction of the grandfather and three children, and use of a firearm during the attempted felony.
Bench trial; circuit court convicted on all counts and sentenced accordingly.
Court of Appeals affirmed some convictions but reversed abduction convictions; Commonwealth and Herring sought Supreme Court review.
This Court combines the appeals to address assignment sufficiency, abduction sufficiency, and attempted murder/ firearm sufficiency issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court of Appeals properly considered the assignment of error under Rule 5A:12(c)(1)(ii).	Herring's assignment identified a ruling to strike the Commonwealth's evidence.	Rule 5A:12(c)(1)(ii) requires specificity; the assignment was insufficient.	The assignment was sufficient; Court of Appeals had jurisdiction.
Whether the evidence supports abduction of the grandfather.	Insufficient evidence of detention by intimidation and of intent to detain.	Evidence showed detention by intimidation and intent to detain.	Not without evidence; Court of Appeals reversed; convictions reinstated.
Whether the evidence supports abduction of the three children.	Same insufficiency as to detention/intent for the children.	Evidence supports detention by intimidation and intent to detain.	Evidence sufficient; abduction convictions reinstated.
Whether the evidence supports attempted first-degree murder and use of firearm.	Insufficient to prove specific intent and overt act; or firearm element.	Evidence supports specific intent to kill and overt act; firearm use tied to attempt.	Evidence sufficient; convictions for attempted murder and use of firearm affirmed.

Findlay v. Commonwealth, 287 Va. 111 (2014) (assignment of error must identify specific trial ruling)
Allen v. Commonwealth, 287 Va. 68 (2014) (standard of review for sufficiency is deferential to trial evidence)
Burton v. Commonwealth, 281 Va. 622 (2011) (detention by intimidation under Code § 18.2-47(A))
Howard v. Commonwealth, 207 Va. 222 (1966) (definition of intent in criminal cases)
Sizemore v. Commonwealth, 218 Va. 980 (1978) (overt act must be adopted to produce intended result)
Glover v. Commonwealth, 86 Va. 382 (1889) (overt act standard in attempt cases)
Martin v. Commonwealth, 195 Va. 1107 (1954) (overt act not limited to last proximate act)
First Nat'l Bank of Richmond v. Trigg Co., 106 Va. 327 (1907) (touchstone for framing assignments of error)