Ray v. Commonwealth

KELSEY, Judge.

The trial court convicted Eddie Nelson Ray of obtaining money by false pretenses and uttering a false bank note. On appeal, Ray contends the trial court erroneously denied his request to call his mother as a witness. At no time, however, did Ray proffer to the trial court what, if anything, his mother might say in his defense.

In Virginia, when “testimony is rejected before it is delivered, an appellate court has no basis for adjudication unless the record reflects a proper proffer.” Whittaker v. Commonwealth, 217 Va. 966, 968, 234 S.E.2d 79, 81 (1977). “When an appellant claims…