STEWART v. COM.

Record No. 780749.

252 S.E.2d 329 (1979)

John Lloyd STEWART v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 2, 1979.


Attorney(s) appearing for the Case

Rodney G. Goggin, Stafford (Moncure & Goggin, Stafford, on brief), for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


COCHRAN, Justice.

In this appeal, the initial question, one of first impression, is whether a husband may be convicted of grand larceny of his wife's personal property. If we answer this question in the affirmative, we must then determine whether a decree of divorce from bed and board, entered after the date of the criminal offense but prior to trial, has the effect of permitting a wife to testify against her husband, over his objection, as a witness for the Commonwealth...

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