BATTEN v. COMMONWEALTH


56 S.E.2d 231 (1949)

190 Va. 235

BATTEN v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

November 21, 1949.


Attorney(s) appearing for the Case

Hale Collins, R. C. Stokes, Covington, for plaintiff in error.

J. Lindsay Almond, Jr., Attorney General, Henry T. Wickham, Assistant Attorney General, for the Commonwealth.

Before GREGORY, EGGLESTON, SPRATLEY, BUCHANAN, STAPLES and MILLER, JJ.


MILLER, Justice.

On Sunday, November 9, 1947, about 8 o'clock in the evening, Marion Piercy Anderson entered the Chesapeake and Ohio Railroad Hospital, Clifton Forge, Virginia, asked for medical aid and collapsed. When a physician arrived, he was unconscious. Upon examination he was found to be suffering from two .32 calibre bullet wounds, one of which proved fatal. He died at 1:45 a. m., Saturday, November 15, 1947.

An autopsy disclosed that had he been operated...

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