OVERBEY v. COM.

Record No. 050478.

623 S.E.2d 904 (2006)

271 Va. 231

Robert OVERBEY, III v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 13, 2006.


Attorney(s) appearing for the Case

Michael C. Tillotson, Williamsburg, for appellant.

Susan L. Parrish, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and CARRICO, S.J.


CARRICO, Senior Justice.

This appeal involves the indictment and conviction of the defendant, Robert Overbey, III, on a charge of possession of a firearm by a convicted felon. Code § 18.2-308.2. The controlling question for decision is whether the Commonwealth proved the defendant had been previously convicted of a felony as required by subsection (A)(i) of that statute. Finding that the Commonwealth failed to prove this necessary element of the crime, we will...

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