Commonwealth v. Kerin

By Judge Gerald Bruce Lee

This matter is before the Court upon the defendant’s motion to quash the July 20, 1992, indictment charging him with embezzlement under Va. Code Ann. § 18.2-111 (1988). The defendant contends that the indictment is fatally defective because it fails to allege “a common plan or scheme nor any distinct acts other than the alleged offense occurring on or about September 1, 1991.” The Court finds that the indictment, as drawn, is defective as alleged. Such defect, however, is not fatal and may be cured by a bill of particulars. Accordingly, the Court overrules the…