DUCK v. COM.

Record No. 1331-87-1.

383 S.E.2d 746 (1989)

John F. DUCK v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 22, 1989.


Attorney(s) appearing for the Case

Richard E. Railey, Jr. (Railey & Railey, Courtland, on brief), for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and KEENAN, JJ.


KEENAN, Judge.

John F. Duck was convicted in a bench trial of driving under the influence (second offense) in violation of Code § 18.2-266. The issues presented in this appeal are: (1) whether the trial court erred in allowing amendment of the warrant to allege a "second offense;" (2) whether the trial court erred in admitting the certificate of breath analysis into evidence; and (3) whether the trial court erred in admitting into evidence certain statements...

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