Holloman v. Commonwealth

Indicted for rape, and for using or attempting to use “a pistol, shotgun, rifle or other firearm while committing or attempting to commit rape” in violation of Code § 18.2-53.1, defendant Michael Wendell Holloman pled guilty to the former charge and not guilty to the latter. Subsequently, he was convicted of both by the trial court sitting without a jury and sentenced on the latter charge to a term of one year in the penitentiary. The sole issue on appeal is whether the instrument in defendant’s possession during commission of the rape was a “firearm” so as to constitute a violation of the…