Smith v. Commonwealth

UPON A REHEARING EN BANC

KELSEY, Judge.

The trial court found Russell Ernest Smith guilty of making a “false statement” on a firearm purchase form in violation of Code § 18.2-308.2:2. On appeal, Smith admits his statement was false but argues he lacked scienter as a matter of law. We disagree and affirm.

I

On appeal, we review the evidence in the “light most favorable” to the Commonwealth. Commonwealth v. Hudson, 265 Va. 505, 514, 578 S.E.2d 781, 786 (2003). This principle requires us to “discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the…