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crates.” According to Capt. Brown, Mr. Clem said he was the one driving the truck. He denied having seen any hay bales burning, Capt. Brown said.
Following Captain Brown’s testimony, the court recessed for lunch. Before the jury returned to the courtroom, the attorneys met with the judge. The attorneys for Mr. Clem, Richard Shadyac and Marsha Fischer, made a Motion to Strike stating that the Commonwealth’s evidence against their client was not sufficient to convict him of the arson charge.
The Commonwealth had been trying to prove that Jeremy Adam Clem was a “principle in the second degree.” The law says the principle in the second degree is as guilty as the principle in the first degree, which is the person who actually committed a crime.
After comparing the Clem case to similar cases which have been in the appellate court, Judge Robertson ruled that there was insufficient evidence as a matter of law that the defendant was a principle in the second degree.
The Commonwealth has no right to appeal.
The Grand Jury handed down ' two indictments during Term Day in Rappahannock County Circuit Court Monday. Howard Kenneth Haun, 53, of Flint Hill, was indicted for one count of grand larceny. He is charged with taking two snowmobiles belonging to Kelly Wiley. The case has been continued to Feb. 9.
Theodore Roosevelt Bailey, Jr., 39, of Alexandria, was indicted for one count of breaking and entering and one count of grand larceny. He is charged with breaking and entering into the house of James Kelly on Route 231 in Sperryville and stealing property valued at $1,285. His next court date is Feb. 3.
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