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LOWERY v. COM.

Record No. 1451-98-4.

521 S.E.2d 770 (1999)

31 Va. App. 131

David Darnell LOWERY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

December 7, 1999.

Attorney(s) appearing for the Case

Thomas W. Farrington, Takoma Park, MD (Hendershot & Farrington, on brief), for appellant.

John H. McLees, Jr., Assistant Attorney General (Mark L. Earley, Attorney General; Jeffrey S. Shapiro, Assistant Attorney General, on brief), for appellee.

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

BENTON, Judge.

David Darnell Lowery appeals from his conviction for robbery. He contends the evidence was insufficient to prove he committed the crime. We agree, and for the reasons that follow, we reverse Lowery's conviction.

I.

About 9:52 a.m. on February 13, 1977, two men entered the Citizens Bank in Alexandria while the bank manager and two tellers were behind the counter. One of the two men went behind the counter and told the tellers to open...

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