Legal Opinion · Dissent

Lew v. Commonwealth

Court of Appeals of Virginia

Decided May 16, 1995No. Record 2146-93-3Published

1DissentBarrow, Judge

While I agree that the evidence sufficiently supports a finding that the defendant possessed copper bars similar to those inventoried at the nearby GE plant, I also believe the *359evidence does not support a finding that any such copper bars were stolen. Therefore, I would reverse the judgment of conviction.

The prosecution must prove, in every criminal case, that a crime has been committed and that the defendant committed it. Id. In this case, the prosecution did not prove that a crime was committed. See Maughs v. City of Charlottesville, 181 Va. 117, 120, 28 S.E.2d 784, 786 (1943).

Maughs is…

2Cases cited2 opinions

  1. Maughs v. City of CharlottesvilleSupreme Court of Virginia · 1943
  2. Davis v. StateCourt of Appeals of Georgia · 1944

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