WEINBENDER v. COM.

Record No. 0044-88-3.

398 S.E.2d 106 (1990)

Betty Ann WEINBENDER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted December 26, 1990.


Attorney(s) appearing for the Case

Anthony F. Anderson (Melissa W. Friedman, on briefs), for appellant.

M. Katharine Spong, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and MOON and WILLIS, JJ.


MOON, Judge.

Betty Weinbender contends the court erred in her driving under the influence trial by allowing the arresting officer to testify as to an out of court statement made in her presence by another driver as to the time of their accident. We hold that the evidence supported a finding that the statement was one which the defendant would have felt herself called upon to deny in the event she did not intend to express acquiescence by her failure to do so. Therefore...

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