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mother keep a log of his comings and goings, and she remembered that the log said Mr. Hitt left home Dec. 30 with an unidentified person in a truck and did not return until Jan. 2. ,
Captain Jeff Brown of the; Rappahannock Sheriffs office and Terry Hitt, Chris Hitt’s mother sup* ported this testimony.
Following the presentation of the prosecution’s case, defense attorney Robin C. Gulick moved to have the perjury charge dismissed.
He said the prosecution had not shown that the testimony was relevant because it had not shown that the telephone call took place during the timq Mr. Wayland said Mr. Hitt was with him. *
After consulting two law books, Judge Shore Robertson agreed and dismissed the case.
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