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VAN DYKE v. COMMONWEALTH

86 S.E.2d 848 (1955)

196 Va. 1039

Grant VAN DYKE v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 25, 1955.

Attorney(s) appearing for the Case

Crockett & Gillespie, Tazewell, for plaintiff in error.

Atty. Gen. J. Lindsay Almond, Jr., Asst. Atty. Gen. C. F. Hicks, for defendant in error.

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

WHITTLE, Justice.

This case is before us upon a writ of error awarded Grant Van Dyke to a judgment rendered by the Circuit Court of Tazewell County on July 9, 1954. Van Dyke was found guilty of maliciously wounding Benjamin F. Oakes and pursuant to the jury's verdict sentenced to serve five years in the State penitentiary.

Four assignments of error are relied upon by the accused. The second assignment deals with the court's refusal to give an instruction offered...

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