Ricks v. Commonwealth

BENTON, Judge.

Jimmy Ricks was convicted of carrying a knife “about his person, hidden from common observation” in violation of Code § 18.2-308. He contends the trial judge erred in finding the knife to be one of the weapons proscribed by the statute. For the reasons that follow, we reverse the conviction.

I

The evidence proved that State Police Trooper John Rehme stopped Ricks for driving erratically and arrested him for driving while intoxicated. During a search of Ricks’ vehicle, the officer found a knife beneath the driver’s seat, a pack of beer, a shirt, boots, a cooler, and other trash.…