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DAY v. COMMONWEALTH

86 S.E.2d 23 (1955)

196 Va. 907

Earl DAY v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

March 7, 1955.

Attorney(s) appearing for the Case

Morris H. Hester, Lynchburg, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen., Thomas M. Miller, Asst. Atty. Gen., for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, SMITH and WHITTLE, JJ.

SMITH, Justice.

The defendant, Earl Day, was indicted for attempted rape, and for robbery and sodomy against Della Claytor. The indictments were by consent heard together by a jury, which found the accused guilty as charged in each indictment and fixed his punishment at death for attempted rape, eight years confinement in the penitentiary for robbery, and three years confinement in the penitentiary for sodomy. To the judgments entered pursuant to the verdicts, we...

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