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Conviction affirmed on issue not raised at trial below (access required)

Appeals court splits 6-5 on drunken driving case

Judge Robert J. Humphreys contended that his Virginia Court of Appeals colleague, Judge Randolph A. Beales, bailed out the commonwealth by affirming a conviction on a ground that it did not raise at trial or on appeal. Not so, Beales responded. The attorney for Lawrence W. Roseborough never contested that Roseborough volunteered to take a breath ...

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