LEONARD v. COM.

Record No. 2858-00-4.

571 S.E.2d 306 (2002)

39 Va. App. 134

Bobby Joe LEONARD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 5, 2002.


Attorney(s) appearing for the Case

James G. Connell, III, Richmond (Devine & Connell, P.L.C., on briefs), for appellant.

Stephen R. McCullough, Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and FRANK and CLEMENTS, JJ.


CLEMENTS, Judge.

Bobby Joe Leonard was indicted, tried, and convicted in a jury trial of rape, in violation of Code § 18.2-61, abduction with intent to defile, in violation of Code § 18.2-48, and attempted murder, in violation of Code §§ 18.2-26 and 18.2-32. On appeal, Leonard contends the trial court erred (1) in refusing to dismiss his indictment for attempted murder because the Commonwealth vindictively obtained that indictment after he refused...

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