LAVINDER v. COM.

Record No. 0303-89-3.

407 S.E.2d 910 (1991)

Raymond Lewis LAVINDER, III v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 30, 1991.


Attorney(s) appearing for the Case

John Gregory, Jr., Salem, for appellant.

Robert Q. Harris, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on briefs), for appellee.

Present: KOONTZ, C.J., and BARROW, BENTON, COLEMAN, DUFF, KEENAN, MOON, COLE and WILLIS, JJ.


ON REHEARING EN BANC

BARROW, Judge.

A rehearing en banc was granted in this appeal to consider what test applies in measuring whether a non-constitutional error is harmless. We conclude that, if it plainly appears from the facts and circumstances of a particular case that a non-constitutional error did not affect the verdict, the error is harmless.

In Virginia, non-constitutional error is harmless...

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