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TIMMONS v. COM.

Record No. 1763-90-2.

421 S.E.2d 894 (1992)

Henry Lee TIMMONS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 29, 1992.

Attorney(s) appearing for the Case

C. David Whaley, Richmond (Anthony G. Spencer, Morchower, Luxton & Whaley, on brief), for appellant.

Kathleen B. Martin, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BARROW and BENTON, JJ.

KOONTZ, Chief Judge.

Henry Lee Timmons, appellant, appeals from his jury conviction for possession of a firearm while in possession of cocaine, in violation of Code § 18.2-308.4.1 Timmons contends that his conviction should be reversed because the pistol he is charged with possessing lacked a clip or magazine and was, therefore, inoperable when seized. On appeal, we must decide whether the trial court properly instructed the jury...

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