DILLARD v. COM.

Record No. 1938-97-3.

504 S.E.2d 411 (1998)

28 Va. App. 340

Carl Henry DILLARD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

September 22, 1998.


Attorney(s) appearing for the Case

Roger Dalton, Senior Assistant Public Defender (Office of the Public Defender, on briefs), for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and ANNUNZIATA, JJ.


WILLIS, Judge.

On appeal from his conviction of possession of a sawed-off shotgun, in violation of Code § 18.2-300(B), Carl Henry Dillard contends that the evidence failed to prove one of the statutorily required elements defining "sawed-off shotgun" and was, thus, insufficient as a matter of law to support his conviction. We reverse and remand.

I. BACKGROUND

Code § 18.2-300(B) provides, in pertinent part:

Possession or use of...

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