RICKS v. COM.

Record No. 0929-97-2.

499 S.E.2d 575 (1998)

27 Va. App. 442

Jimmy RICKS v. COMMONWEALTH of Virginia

Court of Appeals of Virginia, Richmond.

June 2, 1998.


Attorney(s) appearing for the Case

Patricia P. Nagel, Assistant Public Defender (David J. Johnson, Public Defender, on brief), for appellant.

Kathleen B. Martin, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and BUMGARDNER, JJ.


BENTON, Judge.

Jimmy Ricks was convicted of carrying a knife "about his person, hidden from common observation" in violation of Code § 18.2-308. He contends the trial judge erred in finding the knife to be one of the weapons proscribed by the statute. For the reasons that follow, we reverse the conviction.

I.

The evidence proved that State Police Trooper John Rehme stopped Ricks for driving erratically and arrested him for driving while intoxicated...

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