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CHRISTIAN v. COMMONWEALTH

117 S.E.2d 72 (1960)

202 Va. 311

Jack Monroe CHRISTIAN v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

November 28, 1960.

Attorney(s) appearing for the Case

David G. Simpson, Winchester (Scully & Woltz, Winchester, on brief), for plaintiff in error.

Reno S. Harp, III, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

SNEAD, Justice.

On December 17, 1959, Jack Monroe Christian, who pleaded not guilty to an indictment which charged him with murdering John D. Cox, Jr., was convicted of murder in the first degree. The jury fixed his punishment at confinement in the penitentiary for a term of thirty years. The trial court overruled defendant's motion to set the verdict aside and entered judgment on the verdict. Defendant admitted killing Cox and his sole defense was that

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