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CAMPBELL v. COM.

Record No. 1048-90-1.

421 S.E.2d 652 (1992)

Joseph Hugh CAMPBELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 11, 1992.

Attorney(s) appearing for the Case

Anthony F. Troy, Richmond (Alan D. Albert, William P. Robinson, Jr., Mays & Valentine, Robinson, Zaleski & Lindsey, Norfolk, on briefs), for appellant.

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

Present: KOONTZ, C.J., and BARROW, BENTON, BRAY, COLEMAN, DUFF, ELDER, MOON and WILLIS, JJ.

BENTON, Judge.

This Court granted a rehearing en banc from a divided panel decision solely to determine whether the "ends of justice" exception to Rule 5A:18 should be invoked because an erroneous jury instruction may have deprived Joseph Hugh Campbell of a fair trial. Since a proper description of the elements of the offense was vital to ensure a fair trial, we hold that the "ends of justice" exception should be applied and we reverse the conviction. We leave...

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