Bryant v. Commonwealth

OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL

This appeal involves consideration of the elements of the crime of unlawfully discharging a firearm within an occupied building, made a Class 6 felony by Code § 18.2-279. Specifically, it presents the question whether the Commonwealth has the burden of proving that the firearm was not discharged accidentally or inadvertently.

FACTS AND PROCEEDINGS

Except for the issue of the defendant's intent when discharging the firearm, the essential facts are undisputed. Tina Marie Bryant (the defendant) was a resident of Calvert County, Maryland in August 2015.…