JIMENEZ v. COM.

Record No. 900771.

402 S.E.2d 678 (1991)

Eddie Allen JIMENEZ v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 1, 1991.


Attorney(s) appearing for the Case

J. Heather Mitchell, Blacksburg, for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: All the Justices.


STEPHENSON, Justice.

In this appeal, a defendant challenges the sufficiency of the evidence and the granting of a jury instruction, notwithstanding his failure properly to preserve the alleged errors at trial. Consequently, we must decide whether to invoke Rule 5:25, the so-called contemporaneous objection rule, or to apply the rule's exception, in order "to attain the ends of justice."

Eddie Allen Jimenez was tried by a jury on a felony indictment charging...

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