Commonwealth v. Hensley

Opinion

MOON, J.

This appeal is pursuant to Code § 19.2-398, ‘which permits the Commonwealth to file an appeal when a trial court dismisses an indictment upon the ground that a statute is unconstitutional. Johnny Lee Hensley was indicted on a charge that he violated Code § 58.1-637, which provides:

If any check tendered for any amount due under this chapter is not paid by the bank on which it is drawn and such person fails to pay the Commissioner the amount due the State within five days after the Commissioner has given him written notice by registered or certified mail or in person by an agent…