Commonwealth v. Boltz

By JUDGE PERRY W. SARVER

The Court has before it Defendant’s Motion to Strike after hearing the Commonwealth’s evidence on December 30, 1985. The Motion is based upon two grounds.(1) The Rockingham County Ordinance is invalid since there has been no amendment to the Ordinance since that amendment made in August, 1978 (Supp. # 2), and the Virginia Code section that it attempts to incorporate by reference was adopted subsequent to that date.(2) If the Ordinance is invalid, then the arrest warrant is invalid and the Commonwealth cannot amend an invalid warrant of arrest.(3) If the Court denies…