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NEWBERRY v. COMMONWEALTH

61 S.E.2d 318 (1950)

191 Va. 445

NEWBERRY v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

October 10, 1950.

Attorney(s) appearing for the Case

J. Livingstone Dillow, Narrows, W. B. Snidow, Pearisburg, David E. Repass, Bland, for plaintiff in error,

J. Lindsay Almond, Jr., Atty. Gen, Henry T. Wickham, Asst. Atty. Gen, for Commonwealth.

Before HUDGINS, C. J., and GREGORY, EGGLESTON, SPRATLEY, BUCHANAN, and MILLER, JJ.

GREGORY, Justice.

The petitioner, Ralph A. Newberry, was jointly indicted with his brother, Samuel L. Newberry, for the murder of the former's wife, Mary Katheryn Newberry, in January, 1949. The indictment was of the statutory short form. He elected to be tried separately, and requested a bill of particulars, which was duly filed, but which was alleged to be insufficient. The court held that it was sufficient.

The...

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