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BARKER v. COMMONWEALTH

95 S.E.2d 135 (1956)

198 Va. 500

Ralph BARKER and Herbert Garrett v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

November 26, 1956.

Attorney(s) appearing for the Case

Jerry E. Dishner, Gate City, for plaintiffs in error.

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

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

HUDGINS, Chief Justice.

Ralph Barker and Herbert Garrett were charged in separate indictments with raping Eva Geneva Hayes, a young woman 18 years of age. They elected to be tried together. The jury in the first trial were unable to agree. On the second trial each defendant was found guilty and sentenced to five years confinement in the penitentiary. To review the judgments entered on the verdicts the two defendants obtained this appeal.

Defendants' first...

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