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BAILEY v. COMMONWEALTH

104 S.E.2d 28 (1958)

200 Va. 92

Earl M. BAILEY v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 16, 1958.

Attorney(s) appearing for the Case

A. Jeffery Bivins, Newport News (Bivins, Jacobs & Bivins, Newport News, on brief), for plaintiff in error.

Thomas M. Miller, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., on brief), for defendant in error.

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

EGGLESTON, Justice.

Earl M. Bailey, sometimes hereinafter called the defendant, was indicted for the murder of Charles Jackson Pittman. He pleaded not guilty, and a jury having been waived in the manner prescribed by Code, § 19-166, as amended by Acts 1952, ch. 349, p. 649, he was tried by the lower court which found him guilty of voluntary manslaughter and fixed his punishment at confinement in the penitentiary for four years. Imposition of the sentence was...

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