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BANNER v. COMMONWEALTH

133 S.E.2d 305 (1963)

204 Va. 640

Jack BANNER v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

December 2, 1963.

Attorney(s) appearing for the Case

M. M. Long, St. Paul, A. G. Lively, Lebanon, for plaintiff in error.

Harold V. Kelly, 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.

SNEAD, Justice.

Jack Banner, sometimes hereinafter referred to as defendant, was indicted under the Maiming Act, § 18.1-65 Code of 1950, as amended.1 The indictment charged that he "unlawfully, feloniously and maliciously did make an assault, upon B. J. Atwood, and him the said B. J. Atwood, unlawfully, feloniously and maliciously shoot, wound and shoot with a pistol * * causing bodily injury to said B. J. Atwood with intent, * *...

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