EPPS v. COMMONWEALTH

Record No. 161002.

799 S.E.2d 516 (2017)

Donald Keith EPPS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 1, 2017.


Attorney(s) appearing for the Case

M. Lee Smallwood, II , Deputy Public Defender, for appellant.

Donald E. Jeffrey, III , Senior Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

PRESENT: Lemons, C.J., Goodwyn, McClanahan, Powell, Kelsey and McCullough, JJ., and Millette, S.J.


In this appeal, we consider whether an indictment returned by a grand jury as a true bill in open court is invalid when the order recording the indictment was not entered until after the trial on the indictment, and no objection was made to the indictment until after trial.

BACKGROUND

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