Lew v. Commonwealth
Court of Appeals of Virginia
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
- Maughs v. City of CharlottesvilleSupreme Court of Virginia · 1943
- Davis v. StateCourt of Appeals of Georgia · 1944