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DeHART v. COM.

Record No. 2398-92-3.

449 S.E.2d 59 (1994)

Kirby Cornell DeHART, a/k/a Kerby Carroll DeHart v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

October 18, 1994.

Attorney(s) appearing for the Case

Thomas M. Blaylock, Roanoke, for appellant.

Virginia B. Theisen, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., Marla Lynn Graff, Asst. Atty. Gen., on brief), for appellee.

Present: BENTON, WILLIS and ELDER, JJ.

WILLIS, Judge.

On appeal of his convictions for (1) second degree murder, (2) the use of a firearm in the commission of a murder, and (3) breaking and entering with the intent to commit sexual battery, Kirby Cornell DeHart contends the trial court erred in refusing to strike a venireman for cause. We agree and reverse the judgment of the trial court.

The statutorily required voir dire disclosed that three veniremen...

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