JAMES v. COM.

Record No. 0774-87-2.

379 S.E.2d 378 (1989)

Cornelius Marcellus JAMES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 18, 1989.


Attorney(s) appearing for the Case

John H. McLees, Jr., Public Defender, for appellant.

Frank S. Ferguson, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Before BAKER, COLE and DUFF, JJ.


COLE, Judge.

The appellant, Cornelius Marcellus James, was convicted by a jury of burglary, abduction, rape, forcible sodomy, and robbery. The issues on appeal are: (1) whether James' arrest was lawful, and (2) whether the trial court erred in excluding the past recollection recorded of witness Dr. Lynn Smith. We find the arrest lawful, but also find that the court erred in excluding portions of Dr. Smith's testimony. Because we cannot find that the error was harmless...

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