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BOONE v. COMMONWEALTH

80 S.E.2d 412 (1954)

195 Va. 708

BOONE v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

March 15, 1954.

Attorney(s) appearing for the Case

Thomas L. Woodward, Edwin C. Ferguson, Jr., Suffolk, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen., Francis C. Lee, Asst. Atty. Gen., for defendant in error.

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

BUCHANAN, Justice.

John D. Boone, defendant below, shot and killed Richard Collins. A jury found him guilty of murder in the second degree, fixed his punishment at ten years in the penitentiary and he was sentenced accordingly. The only question presented by his assignments of error on this appeal is whether the evidence was sufficient to support the verdict. We are told that this was his second trial, the first having resulted in a hung jury.

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