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RUSSO v. COMMONWEALTH

148 S.E.2d 820 (1966)

207 Va. 251

Albert J. RUSSO v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

Rehearing Denied September 13, 1966.

Attorney(s) appearing for the Case

Arthur E. Smith, Roanoke, (Thomas Keister Greer, Rocky Mount, Richard K. C. Sutherland, Bland, Hutcherson & Greer, Rocky Mount, on brief), for plaintiff in error.

M. Harris Parker, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

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

BUCHANAN, Justice.

The defendant, Albert J. Russo, a medical doctor, was indicted for abortion performed on Phyllis Gaskins, in violation of § 18.1— 62 of the Code.1 A jury found him guilty as charged, fixed his punishment at five years in the penitentiary, and sentence was pronounced on him in accordance with the verdict.

On this appeal from the judgment of conviction, and...

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