Legal Opinion

Ervin v. Commonwealth

Court of Appeals of Virginia

Decided January 25, 2011No. 0861091PublishedCited by 47 opinions

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

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. South Dakota v. OppermanSupreme Court of the United States · 1976
  5. Commonwealth v. HudsonSupreme Court of Virginia · 2003

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3Cited by47 opinions

  1. Donald Matthew Kelley v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
  2. Andrew Gilbert Schmuhl v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
  3. Michael Paul Reid v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016
  4. Charles Stanard Severance v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017
  5. Burrell v. CommonwealthCourt of Appeals of Virginia · 2011

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