DARNELL v. COM.

Record No. 1683-89-2.

408 S.E.2d 540 (1991)

John K. DARNELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 16, 1991.


Attorney(s) appearing for the Case

C. David Whaley (Elizabeth Dashiell Scher, Morchower, Luxton and Whaley, Richmond, on brief), for appellant.

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

Present: BARROW, COLE and WILLIS, JJ.


COLE, Judge.

The defendant, John K. Darnell, appeals his convictions of two counts of taking, obtaining, or withholding a credit card in violation of Code § 18.2-192. He contends that the trial court should have dismissed the charges on double jeopardy grounds because he had previously been convicted of petit larceny of a "pocketbook containing U.S. currency, credit cards and miscellaneous items." He argues that the second prosecution is barred under the holding...

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