Gibbons v. State

Webb, Judge.

David Gibbons was tried and convicted of attempt to commit theft and possession of a firearm during the commission of a crime, and he appeals.

1. Defendant complains that Officer Steed, whose name did not appear upon the witness list, was allowed to testify for the state in violation of Code § 27-1403. Although the relevancy of the testimony escapes us, defendant testified on direct examination that he was never given the opportunity to explain his conduct to the police. The implication was that the refusal of the police to allow him to make a statement to them constituted unfair…