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According to Steele, the defendant admitted driving his car to the Hop-In Store on the night of the robbery, but claimed he "didn't know what was going on until Wendell Scott came back to the car and said he just held up the Hooksrs back there. Sailfish release: Jody Midgette, Harbinger, N. Dolphin: William Creekmore, Reston, Va. Hooker, judge presiding. Bigeye tuna: Greg Stephens, Rockville, Va.

The charge grew out of an earlier charge against Robinson of driving on a revoked. When Scott ran out and got in the car, the defendant drove off, but "didn't turn the lights on for a mile or two. Wahoo: Hokkers Burton, Chesapeake,no name.

The sentence was imposed by the trial court. Under these circumstances cautionary accomplice instruction is not required. In holding the evidence insufficient, we stated that the prosecution's failure to call a police officer as a witness invoked the "legal presumption that his testimony would not have been Glasgpw to the prosecution. Bland involved the question of sufficiency of evidence to sustain a conviction of drunken driving.

Admissions of accused corroborate testimony of accomplice that accused was present at scene of crime aiding and abetting commission of the offense. Then, they drove to Danville, where they all "bought. Robinson involved the question of the sufficiency of evidence to sustain a conviction of perjury.

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The burden is upon the prosecution to prove its case against the accused. The victim of the robbery, Carol Morris, a cashier at the store, identified Wendell Scott as the person who robbed her. Miller, Attorney General, on brieffor defendant in error. Jim L. White marlin release: Scott Doughty Jr. For this error, a new trial, without use of the instruction, will be required.

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Baswell, Virginia Beach,Lite Tackle. James, with one white release. Present, All the Justices. Amick, Virginia Beach, and John M. We held that the defense's failure "was the legitimate subject of comment by the Commonwealth's attorney" and "a circumstance to be considered by the jury. Williamson involved the question of the sufficiency of evidence to sustain a murder conviction. Kelley and Dave Perdue of Virginia Beach tied for lunker honors at But, here again, no instruction was Hoolers and the statement was employed as a judicial test of the sufficiency of evidence, this time the sufficiency to sustain a defense of justification.

He stated that preceding the robbery he was with Herman Douglas White, Mike Preston, and the defendant when the group discussed "robbing somebody. Sea bass: Allen C.

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We hold, therefore, that it was error for the trial court to grant Instruction E. At the trial in the court vq record of the revoked charge, Robinson and one Payne both had testified that Payne, and not Robinson, was driving the vehicle at the time of arrest. Scott testified for the Commonwealth. Under these circumstances, a cautionary accomplice instruction is not required.

It is one thing for this court to employ a judicial guideline in determining the sufficiency of evidence, or to say that a matter may be the legitimate subject of comment by counsel for one party or another, or to indicate that a circumstance may be considered by the trier of fact; it is quite another thing, however, for a trial court to instruct a jury that an adverse presumption arises from the failure of one or the other of the parties to Lonely and horny Tavernier maine criminal proceeding to call a particular witness.

John D. Some outstanding vw of billfish have been recorded in the past few days.

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Tautog: Roy Vaughan, Oviedo, Fla. Under the facts of the case, however, we held erroneous the granting of the instruction.

Pompano: Tony Antonen, Avon, N. Mast, Dundee, Ohio,and Emanuel Hoookers. Testifying in his own behalf, the defendant denied he was present at the scene of the crime and had any part in the robbery.

Kitty Falk of Virginia Beach had one of the year's biggest Virginia fish, a blue estimated at more than pounds, released Friday from the charter boat 04, skippered by Milton Sykes and sailing from the Virginia Beach Fishing Center at Rudee Inlet. Most have been white marlin, but there Glasgoa been some blues and sailfish as well.

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Elsewhere, big flounder were boated along the Chesapeake Bay Bridge-Tunnel, several red drum were caught off the Eastern Shore bayside, and big sea mullet make a strong showing in the surf of the Outer Banks. White marlin releases: J. Wahoo: Glen A. The defendant's admissions, contained in his statement to Captain Steele, not only impeached his alibi but also corroborated the testimony of the accomplices that he was present at the scene of the crime, aiding and abetting the commission of the offense.

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Tim Hobbs Sr. Furthermore, and of special vw, use of the instruction against the defense would run head on into the presumption of innocence to which every accused is entitled and upon which juries are universally instructed. William L. In rebuttal, the Commonwealth called Captain Earl L. Burden is upon prosecution to prove its case against the accused, who need not prove anything.

Glen Ouye of Centerville, Va.