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SCOTT v. COM.

Record No. 0243-91-4.

416 S.E.2d 47 (1992)

Teresa SCOTT, s/k/a Teresa Ann Scott v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 7, 1992.

Attorney(s) appearing for the Case

George S. Webb, Madison, for appellant.

John H. McLees, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and DUFF, JJ.

DUFF, Judge.

In this appeal we are called upon to interpret the meaning of the phrase, "give testimony," as used in Code § 18.2-435.1 The appellant asserts that the meaning of "testimony" within the intendment of the statute is restricted to sworn testimony subject to cross-examination in open court. The Commonwealth argues that such a restricted construction is not justified by precedent or logic and does not reflect the legislative...

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