Legal Opinion · Concurrence

McMillan v. Commonwealth

Court of Appeals of Virginia

Decided December 22, 2009No. 2074072Published

1Concurrence

PETTY, J., with whom ALSTON, J.,

joins, concurring.

Because the issue before us does not involve the constitutional over-breadth or vagueness of this statute, we must once again limit our discussion to whether this particular knife is a dirk, bowie knife or a weapon of like kind. For the reasons set out in the majority opinion, I agree that it is not and I concur in both the reasoning and the conclusion of the majority. I write separately simply to point that, while we analyze this particular knife and thus decide this case, once again we fail to provide real guidance to police, prosecutors or…

2Cases cited17 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Jacobellis v. OhioSupreme Court of the United States · 1964
  5. Kansas v. MarshSupreme Court of the United States · 2006

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