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State court of last resort · ST-VA-SC
Evans v. Commonwealth
No. 190846Supreme Court of Virginia
190846 Evans v. Commonwealth 12/03/2020 Code § 19.2-294 does not preclude conviction for possession of a firearm by a convicted felon when the defendant has been convicted in a prior prosecution of carrying a …
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190846 Evans v. Commonwealth 12/03/2020 Code § 19.2-294 does not preclude conviction for possession of a firearm by a convicted f…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 3, 2020
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190846 Evans v. Commonwealth 12/03/2020 Code § 19.2-294 does not preclude conviction for possession of a firearm by a convicted felon when the defendant has been convicted in a prior prosecution of carrying a concealed weapon. What is the "same act" under Code § 19.2-294 turns on a common sense assessment of whether (1) the act in question is a separate volitional act, (2) the acts are separated in time and place, and (3) the act differs in its nature. Here, concealing a weapon differs in its qualitative nature from merely possessing it and the additional act of concealing the weapon makes it a different act from merely possessing it. Thus, the successive prosecutions in the present cases d…
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