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EVANS v. COM.

Record No. 2893-01-4.

572 S.E.2d 481 (2002)

39 Va. App. 229

Roland Anthony EVANS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 26, 2002.

Attorney(s) appearing for the Case

James C. Clark (Land, Clark, Carroll, Mendelson & Blair, P.C., on brief), Alexandria, for appellant.

Richard B. Smith, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., BENTON, J., and OVERTON, Senior Judge.

BENTON, Judge.

Roland Evans contends the trial judge erred in sustaining the Commonwealth's objection to a witness' testimony and by denying Evans's motion for an evidentiary hearing to investigate juror misconduct. Because the record does not contain a proffer of the witness' expected testimony, we cannot determine whether the judge erred in sustaining the objection to the testimony. In addition, we hold the trial judge made a premature credibility finding on the...

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