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CAMPBELL v. COMMONWEALTH

75 S.E.2d 468 (1953)

194 Va. 825

CAMPBELL v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

April 20, 1953.

Attorney(s) appearing for the Case

Wayt B. Timberlake, Jr., and Philip Lee Lotz, Staunton, for plaintiff in error.

Atty. Gen. J. Lindsay Almond, Jr., and Asst. Atty. Gen. Thomas M. Miller, for defendant in error.

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

WHITTLE, Justice.

This case is before us upon a writ of error to a judgment of the Circuit Court of Augusta County entered on February 1, 1952, whereby, following the verdict of a jury finding him guilty of murder in the second degree, John Brooks Campbell was sentenced to twelve years confinement in the penitentiary.

The assignments of error relied upon by the accused pose three questions for decision:

1. Did the lower court err in permitting the...

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