LOWERY v. COM.

No. 0294-88-2.

387 S.E.2d 508 (1990)

Danny Carson LOWERY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 9, 1990.


Attorney(s) appearing for the Case

John N. Clifford (Vera Duke; Clifford & Duke, P.C., on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen., (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and KEENAN, JJ.


KEENAN, Judge.

Danny C. Lowery was convicted in a bench trial of robbery and use of a firearm in the commission of a robbery. On appeal, he argues that the trial court abused its discretion in denying his attorney's request for a recess to speak with a witness who arrived in court after the trial had begun. We find that we are unable to reach the merits of this argument because Lowery failed to enter a proffer, stipulation or unchallenged avowal of the witness' expected...

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