Wynne v. Commonwealth

UPON A REHEARING EN BANC

Opinion

On November 9, 1993, a panel of this Court affirmed the conviction of David I. Wynne (Wynne) for obtaining money by false pretenses under Code § 18.2-179. Wynne v. Commonwealth, 17 Va. App. 277, 437 S.E.2d 195 (1993). Wynne’s petition for rehearing en banc was granted on December 20, 1993, the mandate of the November 9, 1993 opinion was stayed, and the issues were heard on April 5, 1994.

The facts prompting the criminal charge against Wynne are detailed in the prior opinion of the panel and, accordingly, will not be repeated here. The law applicable to this…