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NANCE v. COMMONWEALTH

124 S.E.2d 900 (1962)

203 Va. 428

James C. NANCE v. COMMONWEALTH of Virginia. Larry S. HAYWOOD v. COMMONWEALTH of Virginia. William Thomas THARP v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 23, 1962.

Attorney(s) appearing for the Case

Joseph J. Lawler, Norfolk (Kellam & Kellam, Norfolk, on brief), for plaintiffs in error.

D. Gardiner Tyler, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

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

SPRATLEY, Justice.

James C. Nance, Larry S. Haywood and William Thomas Tharp were separately indicted, each charged with the possession of burglarious tools with intent to commit burglary. By agreement of the Commonwealth's Attorney and the accused, the indictments were tried together. The jury, by separate verdicts, found each of the accused guilty, fixing the punishment of Nance and Haywood at seven years each in the penitentiary and that of Tharp at two years....

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