Allison v. Commonwealth

Howard Elenry Allison, defendant, was charged in a two-count indictment with forging a check in the amount of $55.40 drawn on the Citizens Trust Company, Portsmouth, Virginia, and with uttering it in violation of Code, § 18.1-96 1 . Defendant pleaded not guilty to both counts and a trial by jury was waived.

At the conclusion of the Commonwealth’s evidence defendant moved to strike the Commonwealth’s evidence. The motion was overruled, and defendant rested his case without offering any evidence. Defendant then renewed his motion to strike, but it was again overruled. The court found defendant…