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Davis v. Commonwealth

Citations

  • 353 S.E.2d 905
  • 4 Va. App. 27
  • 3 Va. Law Rep. 2050
  • 1987 Va. App. LEXIS 162

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “where an indictment is returned for an alleged violation of Code § 18.2-53.1, the underlying felony must be proved beyond a reasonable doubt,” but need not be “separately indict[ed] and prosecute[d]”
  • holding that a defendant may be convicted under Code § 18.2-53.1 if the Commonwealth proved beyond a reasonable doubt that the underlying felony occurred and that there was a use or display of a firearm while committing the underlying felony
  • “There is no language in the statute which suggests that the legislature intended that an accused must be charged and prosecuted for the underlying felony.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baker

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.