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PLYMALE v. COMMONWEALTH

79 S.E.2d 610 (1954)

195 Va. 582

PLYMALE v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

January 25, 1954.

Attorney(s) appearing for the Case

Hale Collins, Covington, T.W. Messick, Roanoke, 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.

MILLER, Justice.

Robert A. Plymale was indicted for the murder of W. D. Deal. After a trial that lasted three days he was convicted by a jury on September 27, 1952, and his punishment fixed at forty years' confinement in the penitentiary. From the judgment entered on October 30, 1952, confirming that verdict, writ of error was granted.

Numerous assignments of error are made, but some need not be considered, and those material to this decision may be stated...

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