Legal Opinion

Commonwealth v. McWhirt

Fairfax County Circuit Court

Decided August 27, 1990No. Case Nos. (Criminal) 66044, 66045, 66046PublishedCited by 1 opinion

1Opinion of the Court

By JUDGE ROSEMARIE ANNUNZIATA

The matter before the Court is defendant’s motion for a Bill of Particulars. The defendant is charged with embezzlement in violation of Va. Code § 18.2-111, under three separate indictments. Each indictment joins several distinct acts of embezzlement allegedly committed by the defendant within a six-month period. Joinder is permitted under Va. Code § 19.2-223. A motion for a bill of particulars should not be granted if the indictment sufficiently informs defendant of the charge to be tried. Harris v. Commonwealth, 8 Va. App. 424 (1989). The case law is sparse on…

2Cases cited5 opinions

  1. United States v. Automated Medical Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1985
  2. Mechling v. SlaytonDistrict Court, E.D. Virginia · 1973
  3. Harris v. CommonwealthCourt of Appeals of Virginia · 1989
  4. American Bankers Life Assurance Co. of Florida v. Division of Consumer CounselSupreme Court of Virginia · 1980
  5. Casper v. City of DanvilleSupreme Court of Virginia · 1933

3Cited by1 opinion

  1. Commonwealth v. KerinFairfax County Circuit Court · 1992

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