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BROWN v. COM.

Record No. 0387-86-4.

366 S.E.2d 716 (1988)

Derek O. BROWN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 5, 1988.

Attorney(s) appearing for the Case

Mark J. Yeager, Fairfax, for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KEENAN, DUFF and MOON, JJ.

KEENAN, Judge.

Derek O. Brown was convicted by a jury of second degree murder. On appeal, he raises two issues: (1) whether the trial court erred in allowing a police officer to testify to the contents of an out-of-court statement made by a witness who, at trial, denied making the statement; and, (2) whether the trial court erred in giving an additional jury instruction in response to a question raised by the jury after...

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