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Kirby v. Commonwealth
020685 Kirby v. Commonwealth 11/01/2002 The Court of Appeals correctly affirmed defendant's conviction for unlawfully discharging a firearm in an occupied dwelling, and being a felon in possession of a firearm…
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020685 Kirby v. Commonwealth 11/01/2002 The Court of Appeals correctly affirmed defendant's conviction for unlawfully discharging…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 1, 2002
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020685 Kirby v. Commonwealth 11/01/2002 The Court of Appeals correctly affirmed defendant's conviction for unlawfully discharging a firearm in an occupied dwelling, and being a felon in possession of a firearm, considering challenges under the spousal testimony statute, Code § 19.2-271.2. Even though the endangered spouse was not struck by a bullet, she was properly permitted to testify against the defendant under the statute because the prosecution was for offenses committed by the defendant against his spouse. The judgment is affirmed. (Revised 11/19/02)
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