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EDENTON v. COM.

Record No. 831312.

316 S.E.2d 736 (1984)

James Richard EDENTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 15, 1984.

Attorney(s) appearing for the Case

R. Wayne Dawson, Richmond, for appellant.

Wayne T. Halbleib, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., on brief), for appellee.

Present: All the Justices.

PER CURIAM.

The principal question presented by this appeal is whether the misdemeanor of which the accused was convicted was a lesser-included offense of the felony of which he was indicted.

The indictment charged that "James Richard Edenton did operate a motor vehicle... after having been found to be an habitual offender ... and while the order of the court prohibiting such operation was still in effect" in violation of Code § 46.1-387.8.

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