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McLANE v. COMMONWEALTH

116 S.E.2d 274 (1960)

202 Va. 197

Edward B. McLANE v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 10, 1960.

Attorney(s) appearing for the Case

Paul Whitehead, Lynchburg (J. Frank Shepherd, Lynchburg, on brief), for plaintiff in error.

R. D. McIlwaine, 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.

SPRATLEY, Justice.

Edward B. McLane, sometimes hereinafter referred to as defendant, was indicted for the first degree murder of Pelham Lewis Weakley, Jr. Upon his trial, he was convicted by a jury of murder in the second degree, his punishment fixed at ten years in the penitentiary, and he was sentenced accordingly.

McLane perfected this appeal and contends:

(1) That the trial court erred in its refusal to grant his motion for a mistrial, made when...

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