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MAIN v. COM.

Record No. 0373-93-2.

457 S.E.2d 400 (1995)

20 Va. App. 370

Lynwood Lee MAIN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 16, 1995.

Attorney(s) appearing for the Case

Lauren A. Caudill (Morchower, Luxton & Whaley, on brief), for appellant.

G. Russell Stone, Jr., Asst. Atty. Gen., (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and BAKER, BARROW, BENTON, KOONTZ, WILLIS, ELDER, BRAY and FITZPATRICK, JJ.

UPON A REHEARING EN BANC

BARROW, Judge.

We granted a rehearing en banc in this criminal appeal because of a dissent in the panel decision.1 The appeal challenges the sufficiency of the evidence to convict the defendant of carrying a concealed weapon. We hold that carrying a weapon in one's back pocket, covered by a duffle bag, constitutes carrying a concealed weapon if the handle of the weapon, the only part of the weapon...

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