MONTGOMERY v. COMMONWEALTH


200 S.E.2d 577 (1973)

214 Va. 343

David Fleming MONTGOMERY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 26, 1973.


Attorney(s) appearing for the Case

Max Jenkins, Radford (John M. Goldsmith, Goldsmith & Jenkins, Radford, on brief), for plaintiff in error.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


SNEAD, Chief Justice.

David Fleming Montgomery, defendant, was found guilty of first degree murder and was sentenced to life imprisonment in accord with a jury verdict. We granted him a writ of error.

Defendant's main contentions are that the trial court erred in refusing to grant his motions for mistrial based upon the admission of certain prejudicial testimony and the making of a prejudicial statement by the Commonwealth's Attorney in his summation to the...

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