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MELVIN v. COMMONWEALTH

118 S.E.2d 679 (1961)

202 Va. 511

Robert MELVIN, Jr., et al. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

March 6, 1961.

Attorney(s) appearing for the Case

Wescott B. Northam, Accomac (William E. Fears, Accomac, on brief), for plaintiffs in error.

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

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

WHITTLE, Justice.

Appellants, Robert Melvin, Jr., Royce Melvin and Joshua Merritt, were jointly tried for the larceny of oysters in violation of § 28-191, Code of Virginia 1950. The jury found each defendant guilty as charged and fixed his punishment at a fine of $50 and costs. From the judgment entered on the verdict we granted a writ of error.

The pertinent part of the section under which the defendants were...

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