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MOXLEY v. COMMONWEALTH

77 S.E.2d 389 (1953)

195 Va. 151

MOXLEY v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

September 10, 1953.

Attorney(s) appearing for the Case

S. F. Landreth, Galax, J. L. Tompkins, Hillsville, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen., Frederick T. Gray, C.F. Hicks, Asst. Attys. Gen., for the Commonwealth.

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

MILLER, Justice.

On Sunday, July 15, 1951, about 1:30 o'clock a.m., George Isom was shot and killed by John Ray Moxley in the latter's home. Moxley was indicted for first degree murder, pleaded not guilty, and was tried before a jury. Self defense was relied upon as a justification for the killing, but he was convicted of murder in the second degree with punishment fixed at five years confinement in the penitentiary. From the judgment confirming that verdict, a writ...

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