WEAVER v. COM.

Record No. 1415-96-3.

486 S.E.2d 558 (1997)

25 Va. App. 95

Michael Lee WEAVER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

June 24, 1997.


Attorney(s) appearing for the Case

Wayne T. Baucino, Assistant Public Defender, for appellant.

Kathleen B. Martin, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

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


WILLIS, Judge.

Michael Lee Weaver was convicted by a jury of attempted second degree murder. On appeal, he contends (1) that his prosecution by the Commonwealth was barred by Code § 19.2-294 due to his previous acquittal in federal court for a similar statutory offense, and (2) that prosecutorial misconduct barred his retrial for attempted murder. We disagree and affirm the judgment of the trial court.

I.

On November 26, 1992, Weaver was charged...

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