Edenton v. Commonwealth

The principal question presented by this appeal is whether the misdemeanor of which the accused was convicted was a lesser-included offense of the felony of which he was indicted.

The indictment charged that “James Richard Edenton did operate a motor vehicle . . . after having been found to be an habitual offender . . . and while the order of the court prohibiting such operation was still in effect” in violation of Code § 46.1-387.8. At trial, defendant introduced as an exhibit a certified copy of a judgment entered by a circuit court in another circuit holding that the order adjudicating…