Thomas Payne Brown, Jr. v Commonwealth

Tuesday 	14th
January, 1997.
Thomas Payne Brown, Jr., 	Appellant,
against 	Record No. 0926-94-2
Circuit Court No. 91-654-F
Commonwealth of Virginia, 	Appellee.
Upon a Rehearing En Banc
Before Chief Judge Moon, Judges Baker, Benton, Coleman,
Willis, Elder, Bray, Fitzpatrick, Annunziata and Overton
Steven D. Benjamin (Betty Layne DesPortes;
Steven D. Benjamin and Associates, on
brief), for appellant.
Eugene Murphy, Assistant Attorney General
(James S. Gilmore, III, Attorney General, on
brief), for appellee.
This cause was reviewed on rehearing en banc, and upon
consideration of the arguments of counsel and the entire record in
this case, the judgment of the trial court rendered on April 26, 1994
is affirmed without opinion by an equally divided court. 	Accordingly,
the opinion previously rendered by a panel of this Court on April 23,
1996 is withdrawn, and the mandate entered that date is vacated. 	The
appellant shall pay to the Commonwealth of Virginia thirty dollars
damages.
This order shall be published and certified to the trial
court. A Copy,
Teste:
Cynthia L. McCoy, Clerk
By:
Deputy Clerk