SMITH v. COM.

Record No. 2910-02-1.

589 S.E.2d 17 (2003)

41 Va. App. 704

David Wayne SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 25, 2003.


Attorney(s) appearing for the Case

Michael F. Fasanaro, Jr. (Abrons, Fasanaro & Sceviour, on briefs), Norfolk, for appellant.

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

Present: ANNUNZIATA, BUMGARDNER and FRANK, JJ.


FRANK, Judge.

David Wayne Smith (appellant) was convicted in a jury trial of first-degree murder, in violation of Code § 18.2-32. On appeal, he contends the trial court erred in refusing to grant his motion to suppress the evidence and in failing to recuse herself. For the reasons stated, we affirm the judgment of the trial court.

BACKGROUND

Martin O'Grady, Guenther Dietz, and appellant shared...

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