DAVIS v. COM.

Record No. 0363-86-1.

353 S.E.2d 905 (1987)

Cleveland McKinley DAVIS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 17, 1987.


Attorney(s) appearing for the Case

Michael A. Robusto (Hooker and Slipow, on brief), for appellant.

M. Katharine Spong, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and HODGES, JJ.


JOSEPH E. BAKER, Judge.

Cleveland McKinley Davis (appellant) appeals a judgment of the Circuit Court of the City of Virginia Beach (trial court) which approved a jury verdict convicting him of using a firearm in the commission of a felony in violation of Code § 18.2-53.1. The issue on this appeal is whether appellant may be convicted for the use of a firearm in the commission of an alleged underlying felony for which he was not separately indicted and convicted...

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