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LEIGH v. COMMONWEALTH

66 S.E.2d 586 (1951)

191 Va. 583

LEIGH v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

September 5, 1951.

Attorney(s) appearing for the Case

Fred B. Greear, Norton, L. M. Robinette, Jonesville, for plaintiff in error.

Lindsay Almond, Jr., Atty. Gen., Frederick T. Gray, Asst. Atty. Gen., for the Commonwealth.

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

HUDGINS, Chief Justice.

Joe Leigh seeks by this writ of error to reverse a judgment entered on a verdict convicting him of second degree murder for killing John Miller and fixing his punishment at 15 years confinement in the State penitentiary.

At the threshold of the case we are confronted with a motion by the Commonwealth to dismiss the writ of error because it is alleged defendant failed to file his notice of...

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