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MILLER v. COM.

Record No. 1988-95-3.

475 S.E.2d 828 (1996)

23 Va. App. 208

Boyd Oliver MILLER, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

September 24, 1996.

Attorney(s) appearing for the Case

Thomas B. Dickenson (King, Fulghum, Snead, Nixon & Grimes, on brief), Roanoke, for appellant.

Daniel J. Munroe, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: FITZPATRICK and OVERTON, JJ., and HODGES, Senior Judge.

HODGES, Senior Judge.

Boyd Oliver Miller, Jr. (appellant) was convicted of two counts of robbery and two counts of use of a firearm in the commission of robbery. There was no controversy that the pistol he used in the robberies was so badly rusted that ammunition could not be loaded into it. Therefore, he contends that the pistol was not a firearm within the meaning of Code § 18.2-53.1 and thus, the evidence was insufficient...

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