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ALLEN v. COM.

Record No. 2560-93-2.

460 S.E.2d 248 (1995)

20 Va. App. 630

Olan Conway ALLEN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 15, 1995.

Attorney(s) appearing for the Case

Michael T. Hemenway (George H. Dygert & Associates, on briefs), Charlottesville, for appellant.

Richard B. Smith, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and COLEMAN and ELDER, JJ.

OPINION

COLEMAN, Judge.

The appellant, Olan Conway Allen, was convicted of breaking and entering and grand larceny. On appeal, he contends that the Commonwealth failed to produce exculpatory evidence as required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), that the indictments should have been dismissed on double jeopardy grounds, and that the trial court gave an improper jury instruction...

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