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HENRY v. COMMONWEALTH

77 S.E.2d 863 (1953)

195 Va. 281

HENRY v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

October 12, 1953.

Attorney(s) appearing for the Case

Boucher & Boucher, Fred C. Parks, Abingdon, H. E. Widener, H. E. Widener, Jr., Bristol, for plaintiff in error.

Atty. Gen. J. Lindsay Almond, Jr., Asst. Atty. Gen. Francis C. Lee, for Commonwealth.

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

SPRATLEY, Justice.

Joe Henry was at the May, 1952, term of the Circuit Court of Washington County, indicted for the murder of Ralph Shaw. He was tried on June 14, 1952, and the jury found him guilty of murder in the second degree, and fixed his punishment at fourteen years in the penitentiary. Motion was duly made to set aside the verdict as contrary to the law and the evidence, which motion the trial court took under consideration.

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