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State court of last resort · ST-VA-SC
Bryant v. Commonwealth
No. 170712Supreme Court of Virginia
170712 Bryant v. Commonwealth 04/05/2018 In a prosecution for unlawfully discharging a firearm within an occupied building, made a Class 6 felony by Code § 18.2-279, the Commonwealth did not have the burden of…
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170712 Bryant v. Commonwealth 04/05/2018 In a prosecution for unlawfully discharging a firearm within an occupied building, made …
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 5, 2018
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170712 Bryant v. Commonwealth 04/05/2018 In a prosecution for unlawfully discharging a firearm within an occupied building, made a Class 6 felony by Code § 18.2-279, the Commonwealth did not have the burden of proving that the firearm was not discharged accidentally or inadvertently. The statutory language is plain and unambiguous, proscribing the act of discharging a firearm within an occupied building in such a manner as to endanger the life of a person therein. The statute distinguishes between several levels of the offense and subjects them to punishments that differ according to the mens rea of the offender and the resulting harm. Use of the term "unlawfully" in Code § 18.2-279 describ…
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