JOHNSON v. COM.

Record No. 1913-90-2.

412 S.E.2d 731 (1992)

William Anthony JOHNSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 14, 1992.


Attorney(s) appearing for the Case

William A. Nunn, III, Lancaster, for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Margaret Ann B. Walker, Asst. Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and MOON, JJ.


BARROW, Judge.

This is an appeal of a conviction of abduction. The defendant contends that a prior conviction for assault arising out of the same incident bars this conviction under double jeopardy principles. We hold that the conviction for abduction is not barred by the previous conviction for assault because, although the conviction arose out of the same incident, the conduct proved to support each conviction was not the same.

The defendant used a car he...

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