GILLULY v. COM.

Record No. 790871.

267 S.E.2d 105 (1980)

Christopher W. GILLULY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 6, 1980.


Attorney(s) appearing for the Case

Allen H. Sachsel, Falls Church (Stephen A. Armstrong, G. James Frick, Armstrong & Frick, Falls Church, on briefs), for appellant.

Vera S. Warthen, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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


CARRICO, Justice.

The defendant, Christopher W. Gilluly, was indicted for rape, sodomy, abduction, and assault and battery. Prior to trial, he moved to suppress certain evidence seized from his apartment pursuant to a search warrant issued by a special magistrate. The defendant contended that the seizure was illegal because the warrant failed to state the offense in relation to which the search was to be conducted. After argument, the trial court granted the defendant...

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