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HAMMER v. COMMONWEALTH

148 S.E.2d 896 (1966)

207 Va. 165

James C. HAMMER v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 13, 1966.

Attorney(s) appearing for the Case

Harry J. Kostel, Herbert H. Bateman, Newport News (Jones, Blechman, Woltz & Kelly, Newport News, on brief), for plaintiff 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, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

GORDON, Justice.

This is the third of four companion cases decided today, styled Hammer v. Commonwealth.

Hammer was charged in this case with entering a dwelling house on the night of April 22, 1964 with intent to commit rape. He pleaded not guilty and waived a jury upon advice of court-appointed counsel. The trial judge found Hammer guilty and sentenced him to a term of six years, to run concurrently with another sentence. He appeals from his conviction on...

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