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BOGGS v. COMMONWEALTH

100 S.E.2d 766 (1957)

199 Va. 478

Simon BOGGS v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

December 2, 1957.

Attorney(s) appearing for the Case

G. Mark French, Clintwood, for plaintiff in error.

R. D. McIlwaine, III, Asst. Atty. Gen. (J. Lindsay Almond, Jr., Atty. Gen., on brief), for defendant in error.

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

MILLER, Justice.

Simon Boggs was convicted by a jury of murder in the second degree and sentenced to twenty years' confinement in the penitentiary for killing Woodrow Mullins during an altercation which was primarily between Boggs and Ray Bolling.

The evidence is sufficient to sustain a finding of murder in the second degree, but accused assigned numerous errors which he asserts were made during the trial and for...

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