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PHILLIPS v. COMMONWEALTH

116 S.E.2d 282 (1960)

202 Va. 207

William V. PHILLIPS v. COMMONWEALTH of Virginia. Charles R. CAMPBELL v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 10, 1960.

Attorney(s) appearing for the Case

H. E. Widener, Jr., Bristol (Elmo Summers Sheffey, Abingdon, on the brief), for plaintiff in error William V. Phillips.

George M. Warren, Jr., Bristol, for plaintiff in error Charles R. Campbell.

D. Gardiner Tyler, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., on the brief), for defendant in error.

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

MILLER, Justice.

William V. Phillips and Charles R. Campbell were separately indicted under § 18-98, Code 1950, for the crime of sodomy, each being charged with having committed the offense upon the other. They pleaded not guilty and consented to be tried together. A verdict of guilty was returned by the jury against each accused and punishment fixed at two years' confinement in the penitentiary. Each moved the court to set

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