GREENWALT v. COM.

Record No. 811770.

297 S.E.2d 709 (1982)

Alvin E. GREENWALT v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

December 3, 1982.


Attorney(s) appearing for the Case

Walter Jervis Sheffield, Thomas L. Bricken, Fredericksburg (Sheffield & Bricken, P.C., Fredericksburg, on brief), for appellant.

Francis W. Pedrotty, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.


STEPHENSON, Justice.

Tried by a jury, Alvin E. Greenwalt was convicted of violating Code § 43-13 and was sentenced to 30 days in jail and a fine of $2,000. The determinative question presented in this appeal is whether the trial court erred in denying Greenwalt's motion to dismiss the indictment on the ground that its prosecution was barred by the double jeopardy provisions of the Federal and State Constitutions.

The facts germane to the issue are undisputed...

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