Bryant v. Commonwealth

Va. Code 18.2-279 does not require, as an element of the crime of unlawful discharge of a firearm within an occupied building, proof that the firearm was not discharged accidentally or inadvertently.Defendant was indicted for unlawfully discharging a firearm within an occupied building in violation of section 18.2-279. At trial, the defense raised only the issue of Defendant’s intent when firing the shot. The jury returned a verdict finding Defendant guilty as charged. Defendant appealed, arguing that the evidence was insufficient to support the conviction because of a lack of proof that she intentionally discharged the firearm and that the trial court erred in refusing to instruct the jury that the Commonwealth had the burden to prove, beyond a reasonable doubt, that her discharge of the firearm was not accidental. The Supreme Court disagreed, holding (1) the evidence was sufficient to support the conviction; and (2) Defendant’s proposed jury instruction placing the burden upon the Commonwealth to prove that the discharge of the firearm was not accidental was properly refused as an incorrect statement of the law. View "Bryant v. Commonwealth" on Justia Law