SCEARCE v. COM.

Record No. 0638-01-3.

561 S.E.2d 777 (2002)

38 Va. App. 98

Jerri Lynn SCEARCE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 9, 2002.


Attorney(s) appearing for the Case

Jon Ian Davey, Danville, for appellant.

John H. MeLees, Jr., Senior Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: BENTON, WILLIS and CLEMENTS, JJ.


BENTON, Judge.

The trial judge convicted Jerri Lynn Scearce of attempting to procure a witness to commit perjury. On appeal, Scearce contends the trial judge erred in ruling that the prosecutor laid a proper foundation to admit into evidence a statement under the past recollection recorded exception to the hearsay rule. For the reasons that follow, we reverse the conviction and remand the case for a new trial.

I.

The evidence proved that a police...

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