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ESTES v. COM.

Record No. 0776-88-3.

382 S.E.2d 491 (1989)

Andy Lewis ESTES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 15, 1989.

Attorney(s) appearing for the Case

Robert G. Miller and W.T. Robey, III (Kelly, Miller & Riley, Robey and Irvine, Buena Vista, on brief), for appellant.

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

Before BAKER, COLEMAN and MOON, JJ.

MOON, Judge.

Andy Estes seeks reversal of his conviction of first degree murder, burglary, and use of a firearm in the commission of a felony. He claims that the court improperly admitted hearsay evidence that the murder weapon had the same serial number as a gun stolen from a truck about 1.6 miles from Estes' home in Tennessee six weeks before the murder. We agree.

Estes is from Gibson County, Tennessee. During 1986, he lived temporarily in Waynesboro, Virginia...

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