Ervin v. Commonwealth
Court of Appeals of Virginia
1Opinion of the Court
*499UPON A REHEARING EN BANC
BEALES, Judge.
Samuel A. Ervin (appellant) was convicted of possession of marijuana with intent to distribute, in violation of Code § 18.2-248.1.1 Appellant argues on appeal that the evidence at trial was insufficient to prove beyond a reasonable doubt 1) that he constructively possessed the marijuana with knowledge of its nature and character and 2) that he possessed it with the requisite intent to distribute. A divided panel of this Court held that the evidence was insufficient to prove that appellant had guilty knowledge of the marijuana.2 See Ervin v. Commonwealth,…
2Cases cited64 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Burks v. United StatesSupreme Court of the United States · 1978
- South Dakota v. OppermanSupreme Court of the United States · 1976
- Commonwealth v. HudsonSupreme Court of Virginia · 2003
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3Cited by47 opinions
- Donald Matthew Kelley v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
- Andrew Gilbert Schmuhl v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
- Michael Paul Reid v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016
- Charles Stanard Severance v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017
- Burrell v. CommonwealthCourt of Appeals of Virginia · 2011
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