O'Banion v. Commonwealth

UPON A REHEARING EN BANC

ANNUNZIATA, Judge.

On October 19, 1999, a panel of this Court affirmed in part and reversed in part the convictions of Warford L. O’Banion (“appellant”) for trespassing and possessing a concealed weapon, in contravention of Code §§ 18.2-119 and 18.2-308.2, respectively. We granted appellant’s petition for rehearing en banc to consider his contentions 1) that the trial court erred in refusing to give his proposed jury instruction on the claim of right defense to trespass; 2) that the trial court erred in denying his motion to strike the Commonwealth’s evidence because a…