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COM. v. CARTER

Record No. 1022-95-1.

462 S.E.2d 582 (1995)

21 Va. App. 150

COMMONWEALTH of Virginia v. Traci Rae CARTER, Robert W. McPherson, Jr. and Juanita D. Reberio.

Court of Appeals of Virginia, Norfolk.

October 10, 1995.

Attorney(s) appearing for the Case

Thomas C. Daniel, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellant.

Larry B. Slipow, Virginia Beach (Slipow, Robusto & Kellam, P.C., on brief), for appellee Traci Rae Carter.

No brief or argument for appellees Robert W. McPherson, Jr. and Juanita D. Reberio.

Present: BAKER, BRAY and OVERTON, JJ.

BRAY, Judge.

Traci Rae Carter, Robert W. McPherson, Jr., and Juanita D. Reberio (defendants) were indicted for "willfully or negligently caus[ing] or permit[ting]" minors in their "care ... to be placed in a situation that their life, health, or morals may be endangered," in violation of Code § 40.1-103. Arguing that the statutory language is unconstitutionally vague, defendants moved to dismiss the indictments, and the trial court sustained

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