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COM. v. HENSLEY

Record No. 0494-87-3.

375 S.E.2d 182 (1988)

COMMONWEALTH of Virginia v. Johnny Lee HENSLEY.

Court of Appeals of Virginia.

December 20, 1988.

Attorney(s) appearing for the Case

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellant.

Bruce E. Welch, Rocky Mount, for appellee.

Present: KOONTZ, C.J., and COLEMAN and MOON, JJ.

MOON, Judge.

This appeal is pursuant to Code § 19.2-398, which permits the Commonwealth to file an appeal when a trial court dismisses an indictment upon the ground that a statute is unconstitutional. Johnny Lee Hensley was indicted on a charge that he violated Code § 58.1-637, which provides:

If any check tendered for any amount due under this chapter is not paid by the bank on which it is drawn and such person fails to pay the Commissioner the...

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