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PIERCE v. COMMONWEALTH

138 S.E.2d 28 (1964)

205 Va. 528

Ruben PIERCE v. COMMONWEALTH of Virginia. Hubert Earl HOFFLER v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

September 11, 1964.

Attorney(s) appearing for the Case

Robert J. Parr, Suffolk (Major M. Hillard, Jr., Portsmouth, Thomas L. Woodward, Parr & Hunter, Suffolk, on brief), for plaintiffs in error.

D. Gardiner Tyler, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

BUCHANAN Justice.

The defendants, Ruben Pierce and Hubert Earl Hoffler, were indicted separately for robbery in taking an ignition key to a truck from Joseph Jordan by putting him in fear by means of a loaded pistol. Code § 18.1-91. Each waived a jury and at their request and by agreement they were tried together by the court. After hearing the evidence the court found each guilty of robbery and fixed his punishment at five years in the penitentiary and each...

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