ARRINGTON v. COM.

Record No. 0803-88-1.

392 S.E.2d 844 (1990)

Percy Lewis ARRINGTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 12, 1990.


Attorney(s) appearing for the Case

Rita Scott Forrest (Sallee & Forrest, Portsmouth, on brief), for appellant.

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

Present: BAKER, BARROW and COLEMAN, JJ.


BARROW, Judge.

In this criminal appeal we hold that a prosecutor's description, during opening statement, of evidence he is later unable to produce does not require declaration of a mistrial if he acted in good faith, and there is no prejudice to the defendant.

During the defendant's trial for breaking and entering and grand larceny, the Commonwealth's attorney in his opening statement told the jury that the defendant had admitted to the police that he was...

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