LOCKHART v. COM.

Record No. 2575-99-3.

542 S.E.2d 1 (2001)

34 Va. App. 329

Weinthal LOCKHART v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 20, 2001.


Attorney(s) appearing for the Case

Robert M. Galumbeck (Dudley, Galumbeck, Necessary & Dennis, on brief), Tazewell, for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BUMGARDNER, HUMPHREYS and CLEMENTS, JJ.


CLEMENTS, Judge.

Weinthal Lockhart was tried by jury and convicted of forcible sodomy for having anally and orally sodomized a boy less than thirteen years of age, in violation of Code § 18.2-67.1. On appeal, he contends the trial court erred (1) in denying his motion to suppress evidence obtained from a search of his home that was invalid because the magistrate failed to file the affidavit supporting the search warrant within thirty days as required by Code...

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