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LOW v. COM.

Record No. 0193-89-1.

396 S.E.2d 383 (1990)

Peter Miles Christian LOW v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 11, 1990.

Attorney(s) appearing for the Case

Richard C. Langhorne (Pender & Coward, Virginia Beach, on briefs), for appellant.

Richard B. Smith, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON and MOON, JJ.

BENTON, Judge.

The sole question raised in this appeal is whether the prosecution of Peter Miles Christian Low for robbery following a conviction in general district court for assault and battery was barred under principles of double jeopardy. We conclude that double jeopardy barred the subsequent prosecution, and we reverse the conviction.

Low was convicted in a bench trial for robbing a pizza delivery driver....

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