MOSBY v. COM.

Record No. 1434-95-2.

473 S.E.2d 732 (1996)

23 Va. App. 53

Vicki L. MOSBY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 13, 1996.


Attorney(s) appearing for the Case

Denis C. Englisby (Margaret Ann Englisby; Englisby & Englisby, on brief), Chesterfield, for appellant.

Brian Wainger, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BENTON, WILLIS and ELDER, JJ.


WILLIS, Judge.

On appeal from her conviction of negligent child endangerment pursuant to Code § 40.1-103, Vicki L. Mosby contends (1) that Code § 40.1-103 is unconstitutionally vague as applied to her, and (2) that the trial court erred in instructing the jury on simple negligence. We find the statute constitutional as applied to Ms. Mosby. However, because the trial court erred in instructing the jury on simple negligence, we reverse the judgment of the...

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