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PEASE v. COMMONWEALTH

Record No. 2761-00-3.

573 S.E.2d 272 (2002)

39 Va. App. 342

Merry Christine PEASE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 10, 2002.

Attorney(s) appearing for the Case

Gerald L. Gray, Clintwood (Robert M. Galumbeck, Tazewell; Gerald Gray Law Firm, Clintwood; Dudley, Galumbeck, Necessary and Dennis, on brief, Tazewell), for appellant.

John H. McLees, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., BENTON, ELDER, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, AGEE, FELTON and KELSEY, JJ.

UPON A REHEARING EN BANC

RUDOLPH BUMGARDNER, III, Judge.

A jury convicted Merry Christine Pease of second degree murder and use of a firearm during the murder of her husband, Dennis Pease. The defendant contends the trial placed her in double jeopardy, the substitute prosecutor had a personal interest in the outcome of the case, and the evidence was insufficient to convict. A panel of this Court held the defendant was not placed twice in jeopardy nor was the...

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