Commonwealth v. John Edward McBrien

COURT OF APPEALS OF VIRGINIA Present: Judges Baker, Bray and Overton Argued by Teleconference COMMONWEALTH OF VIRGINIA MEMORANDUM OPINION * BY v. Record No. 0730-97-1 JUDGE NELSON T. OVERTON AUGUST 5, 1997 JOHN EDWARD McBRIEN FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH Benjamin A. Williams, Jr., Judge Designate Marla Graff Decker, Assistant Attorney General (James S. Gilmore, III, Attorney General; Margaret Ann B. Walker, Assistant Attorney General, on brief), for appellant. Douglas Early Ballard for appellee. In this appeal pursuant to Code § 19.2-398, the Commonwealth contends that…