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BENNEFIELD v. COM.

Record Nos. 1062-94-4, 2073-94-4.

467 S.E.2d 306 (1996)

21 Va. App. 729

Elmer C. BENNEFIELD v. COMMONWEALTH of Virginia. Frank D. KELLY, s/k/a Frank Damon Kelly, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

February 27, 1996.

Attorney(s) appearing for the Case

Stephen F. Breenwald; Harvey H. Perritt, Jr., Alexandria, for appellant Bennefield.

William B. Moffitt; Joel Simberg (Moffitt, Zwerling & Kemler, P.C., on brief), Alexandria, for appellant Kelly.

John H. McLees, Jr., Assistant Attorney General (James S. Gilmore, III, Attorney General, on briefs), for appellee.

Present: ELDER and ANNUNZIATA, JJ., and DUFF, Senior Judge.

DUFF, Senior Judge.

Elmer C. Bennefield and Frank D. Kelly were convicted of murder, abduction, and use of a firearm in the commission of a felony. On appeal, they contend that their retrial was barred by the double jeopardy clauses of the United States and the Virginia Constitutions. We disagree and affirm their convictions.

BACKGROUND

During the late hours of July 30, 1993, four high school friends, Ryan Quinn, Jason McCree, Jacob Barnhart...

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