COUNCIL v. COMMONWEALTH


94 S.E.2d 245 (1956)

198 Va. 288

Raymond Thomas COUNCIL v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

September 4, 1956.


Attorney(s) appearing for the Case

W. A. Hall, Jr., Richmond, for plaintiff in error.

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

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


WHITTLE, Justice.

On April 24, 1951, Council was convicted of rape in the Circuit Court of Princess Anne County and sentenced to life imprisonment. The order of conviction was regular except it contained the names of only eleven jurors; the name of Emerson Macon, allegedly the twelfth juror, being inadvertently omitted.

On July 1, 1955, the Commonwealth's attorney, after due notice, moved the trial court to enter a nunc pro tunc order correcting the...

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