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SMITH v. COM.

Record No. 0364-09-1.

701 S.E.2d 826 (2010)

57 Va. App. 319

Russell Ernest SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

November 23, 2010.

Attorney(s) appearing for the Case

Steven B. Novey , Prince George , (Novey and Tomko Law Firm, on brief), for appellant.

John W. Blanton , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: FELTON, C.J., and ELDER, FRANK, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.

UPON A REHEARING EN BANC

KELSEY, Judge.

The trial court found Russell Ernest Smith guilty of making a "false statement" on a firearm purchase form in violation of Code § 18.2-308.2:2. On appeal, Smith admits his statement was false but argues he lacked scienter as a matter of law. We disagree and affirm.

I.

On appeal, we review the evidence in the "light most favorable" to the Commonwealth...

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