Wednesday, June 23, 2004

Issue of improper ruling in impeachment waived when the impeachment did not occur

In Smith v. Com., the Virginia Court of Appeals in an opinion by Judge Annunziata, joined by Judges Bumgardner and Clements, held that the defendant had failed to preserve his objection to the trial court's ruling that if the defendant called witnesses to testify about his truthfulness, the Commonwealth could introduce evidence to the contrary, when the defendant was scared off by the ruling and never put on the testimony of his witnesses.

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