Stewart v. Commonwealth

In a jury trial, Diane Louise Stewart was found guilty of conspiracy to pander in violation of Code § 18.2-356. Her punishment was fixed at confinement in jail for 12 months and payment of a fine in the amount of $1,000. The trial court entered judgment on the verdict.

In her sole assignment of error, Stewart alleges that the charge against her was not proved and that the trial court erred in denying her motion to set aside the verdict. She first contends that there was a fatal variance between the offense charged in the indictment, as amplified by a bill of particulars, and the evidence…