19 Va. App. 535 - Wilson v. Commonwealth’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Code § 18.2-53.1, a penal statute, must be strictly construed against the Commonwealth and in favor of the accused .... When so construed, we think that, to convict an accused of violating Code § 18.2-53.1, the Commonwealth must prove that the accused actually had a firearm in his possession and that he used or attempted to use the firearm or displayed the firearm in a threatening manner while committing or attempting to commit robbeiy or one of the other specified felonies____ In the present case, evidence that [the defendant] “may have had” a firearm in his possession creates merely a suspicion of guilt. Possession of a firearm is an essential element of the statutory offense, and the fact that [the victim] merely thought or perceived that [the defendant] was armed is insufficient to prove that he actually possessed a firearm____Clearly, the evidence does not establish guilt beyond a reasonable doubt and exclude every reasonable hypothesis of innocence. Therefore, it is insufficient, as a matter of law, to support the firearm conviction.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Darden

2. “stated that she saw [a] gun's brown handle hanging out of [the accused's] jacket pocket during the robbery.”

   1 later decision quote this exact passage
   e.g. 22 Va. App. 424 - Elmore v. Commonwealth

3. “stated that she knew what guns looked like and she was sure she saw the handle of a gun.”

   1 later decision quote this exact passage
   e.g. 22 Va. App. 424 - Elmore v. Commonwealth