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KING v. COM.

Record No. 012730.

570 S.E.2d 863 (2002)

264 Va. 576

Frank Clifton KING, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 1, 2002.

Attorney(s) appearing for the Case

Gregory W. Franklin, Asst. Public Defender, for appellant.

Susan M. Harris, Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: All the Justices.

OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the Court of Appeals of Virginia properly determined that the defendant's failure to object to a subsequent jury instruction operated as a waiver of the issue of an alleged fatal variance between the charge in the indictment and the evidence at trial previously raised by the defendant's motion to strike the evidence. For the reasons that follow...

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