Caccioppo v. Commonwealth

MOON, Chief Judge.

Dennis G. Caccioppo appeals his jury trial convictions for breaking and entering a storehouse with the intent to commit larceny therein and for grand larceny, in violation of Code §§ 18.2-91 and 18.2-95, respectively. Caccioppo argues that the trial judge erred in allowing the Commonwealth’s witnesses to testify because the Commonwealth’s attorney in issuing its summons for witnesses failed to file with the clerk of the court the names and addresses of such witnesses pursuant to Code § 19.2-267. Because such filing is a directory rather than a mandatory requirement, we hold…