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SMITH v. COM.

Record No. 0528-90-2.

405 S.E.2d 626 (1991)

Carlton SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 4, 1991.

Attorney(s) appearing for the Case

William G. Dade, Fredericksburg, for appellant.

Oliver L. Norrell, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: JOSEPH E. BAKER, BENTON and COLEMAN, JJ.

JOSEPH E. BAKER, Judge.

Carlton Smith (appellant) appeals from his bench trial conviction by the Circuit Court of Spotsylvania County (trial court) for perjury. In this appeal we are required to determine whether the evidence is sufficient to support the conviction.1 Finding that it is not sufficient, we reverse the judgment and dismiss appellant from further prosecution on this charge.

Appellant stands convicted pursuant to an...

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