Cotter v. Commonwealth

I do not agree that McQuinn v. Commonwealth, 20 Va.App. 753, 460 S.E.2d 624 (1995) (en banc), compels the result that the majority reaches in this case. That decision addressed the following procedural circumstance:

*455At the conclusion of the presentation of the Commonwealth’s evidence, McQuinn moved the trial court to strike the evidence on the ground that it was insufficient to prove the charges against him. The trial court denied that motion and McQuinn presented evidence. He did not renew his motion to strike at the conclusion of all the evidence. Id. at 755, 460 S.E.2d at 625. In McQuinn,…