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COTTON v. COM.

Record No. 2475-92-2.

459 S.E.2d 527 (1995)

20 Va. App. 596

Joseph COTTON, Jr., Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

August 1, 1995.

Attorney(s) appearing for the Case

Connie Louise Edwards, Jarratt (Connie Louise Edwards, P.C., on brief), for appellant.

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

Before MOON, C.J., and BAKER, BENTON, COLEMAN, KOONTZ, WILLIS, ELDER, BRAY and FITZPATRICK, JJ.

UPON REHEARING EN BANC

By opinion issued December 6, 1994, Cotton v. Commonwealth, 19 Va.App. 306, 451 S.E.2d 673 (1994), we reversed and remanded Joseph Cotton, Jr.'s convictions of robbery and use of a firearm in the commission of robbery. On petition of the Commonwealth, we granted rehearing en banc on two questions: (1) whether the trial court properly admitted the victim's statement, made during

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