WHITE v. COM.

Record No. 030476.

591 S.E.2d 662 (2004)

267 Va. 96

Michael Maurice WHITE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 16, 2004.


Attorney(s) appearing for the Case

Monte E. Kulingowski, Chesapeake, for appellant.

Virginia B. Theisen, 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 evidence was sufficient to support the defendant's conviction under an indictment charging him with felony escape in violation of Code, § 18.2-479(B). The issue presented is whether the defendant was in "custody" within the meaning of that statute prior to his flight from a police officer.

BACKGROUND

"As required by established principles of appellate review,...

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