Legal Opinion

Smith v. Commonwealth

Court of Appeals of Virginia

Decided April 27, 2010No. Record 0364-09-1PublishedCited by 2 opinions

1Opinion of the Court

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 the necessary 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. Commonwealth v. Hudson, 265 Va. 505, 514, 578 S.E.2d 781, 786 (2003). This principle requires us to “discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible…

2Cases cited18 opinions

  1. Bronston v. United StatesSupreme Court of the United States · 1973
  2. Commonwealth v. HudsonSupreme Court of Virginia · 2003
  3. Brogan v. United StatesSupreme Court of the United States · 1998
  4. Parks v. CommonwealthSupreme Court of Virginia · 1980
  5. Bolden v. Com.Supreme Court of Virginia · 2008

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3Cited by2 opinions

  1. Smith v. Com.Supreme Court of Virginia · 2011
  2. Smith v. CommonwealthCourt of Appeals of Virginia · 2010

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