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ASBURY v. COMMONWEALTH

175 S.E.2d 239 (1970)

211 Va. 101

Basil Faren ASBURY v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 15, 1970.

Attorney(s) appearing for the Case

Carl C. Gillespie, Tazewell (Gillespie & Chambers, Gillespie, Gillespie & Hart, Tazewell, on brief), for plaintiff in error.

Edward J. White, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Reno S. Harp, III, Asst. Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

HARMAN, Justice.

This is an appeal from a sentence pronounced in the trial court upon a jury verdict finding the defendant guilty of the second degree murder of Robert E. Lee and fixing his punishment at a term of twenty years in the state penitentiary.

Robert E. Lee and Carrie Dell Wells died as a result of gunshot wounds received in the early morning hours of July 24, 1967. Lee died while enroute by ambulance from the scene of the occurrence at West Raven...

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