Innocuous And Inclusive Evidence
In Brown v. Commonwealth, 3 Va. App. 182, 348 S.E.2d 849 (1986), the defendant maintained that his wife was killed by an intruder.
Evidence was introduced that the defendant had given gifts to two women four to eight years prior to the wife's murder and that the defendant had photographed one of the women.
There was no direct evidence of a sexual relationship between the defendant and either of the women.
Under these circumstances, the Court concluded that the innocuous and inclusive nature of the evidence combined with the lapse of four to eight years between these incidents and the murder of the victim do not afford any "reasonable presumption or inference on matters in issue" and fail to provide a logical and natural connection to the defendant's guilt. 3 Va. App. at 186, 348 S.E.2d at 852.