Wednesday, June 09, 2004

Double jeopardy clause precludes larceny trial after acquittal on robbery charge

In Hudgins v. Com., the Virginia Court of Appeals, sitting en banc, held that the Double Jeopardy Clause precluded a subsequent prosecution for grand larceny after the defendant had been acquitted of robbery in connection with the same incident. The opinion was written by Judge Walter Felton. Judge Benton wrote a separate concurring opinion. Judge Elder wrote a separate concurring opinion. Judge Annunziata, joined by Judge Clements, wrote a separate opinion concurring in part and dissenting in part.

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