ETHERIDGE v. COMMONWEALTH


171 S.E.2d 190 (1969)

210 Va. 328

Welton Walter ETHERIDGE v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

December 1, 1969.


Attorney(s) appearing for the Case

James N. Garrett, Portsmouth (Garrett, Garrett & Garrett, Portsmouth, on brief), for plaintiff in error.

A. R. Woodroof, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.


CARRICO, Justice.

The principal question in this criminal appeal is whether there was a fatal variance between the allegations of the indictment and the proof adduced at trial. A subsidiary question involves the interpretation of Code § 18.1-152.1

These questions arose during the jury trial of Welton Walter Etheridge, the defendant. He was charged with and convicted of a violation...

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