Legal Opinion

O'Bannion v. Commonwealth

Court of Appeals of Virginia

Decided October 19, 1999No. Record 2698-97-4PublishedCited by 1 opinion

1Opinion of the Court

ANNUNZIATA, Judge.

Warford L. O’Banion (“appellant”) was convicted by jury trial under Code §§ 18.2-119 and 18.2-308.2 of trespassing and possessing a concealed weapon, respectively. On appeal, appellant argues: 1) the trial court erred in refusing to give his proposed jury instruction on the claim of right defense to trespass; 2) the court erred in denying his motion to strike the Commonwealth’s evidence because a steak knife and box-cutter found in his possession are not “weapons” as defined by Code §§ 18.2-308.2 and 18.2-308(A); 3) the Leesburg Police Department lacked the authority to bar…

2Cases cited26 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Carey v. PiphusSupreme Court of the United States · 1978
  4. Ansell v. CommonwealthSupreme Court of Virginia · 1979
  5. Simmons v. CommonwealthSupreme Court of Virginia · 1989

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3Cited by1 opinion

  1. Commonwealth v. MorrisSpotsylvania County Circuit Court · 1999

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