Overbey v. Com.

This record has been reviewed for basic accuracy, correcting any discovered errors.
Docket No. Op. Below Argument Opinion Author Term
050478 - - - - January 13, 2006 Carrico 2006

Holding

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 reverse.