Miller v. Commonwealth

HODGES, Senior Judge.

Boyd Oliver Miller, Jr. (appellant) was convicted of two counts of robbery and two counts of use of a firearm in the commission of robbery. There was no controversy that the pistol he used in the robberies was so badly rusted that ammunition could not be loaded into it. Therefore, he contends that the pistol was not a firearm within the meaning of Code § 18.2-53.1 and thus, the evidence was insufficient to sustain his convictions for use of a firearm in the commission of robbery. We disagree and affirm the convictions.

I

Appellant was charged with two counts of robbery, two…