BENNETT v. COM.

Record No. 0925-98-2.

520 S.E.2d 845 (1999)

31 Va. App. 30

Allen Dale BENNETT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

November 16, 1999.


Attorney(s) appearing for the Case

William J. Doran, III (Chaplin, Papa & Gonet, on brief), Richmond, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Mark L. Earley, Attorney General; Richard B. Campbell, Assistant Attorney General, on brief), for appellee.

Present: BENTON and WILLIS, JJ., and COLE, Senior Judge.


WILLIS, Judge.

On appeal from his conviction of operating a motor vehicle while under the influence of alcohol, in violation of Code § 18.2-266, Allen Dale Bennett contends that the trial court erred (1) in refusing to decide whether the Commonwealth complied with Code § 18.2-268.2 and ruling that this issue was a jury question, and (2) in refusing to allow him to introduce evidence of the district court testimony of an absent witness, whom he had failed...

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