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HAMMER v. COMMONWEALTH

148 S.E.2d 899 (1966)

207 Va. 170

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 last of four companion cases decided today, styled Hammer v. Commonwealth.

Hammer was charged in this case with rape of a sixteen-year-old girl in the city of Newport News on April 26, 1964. 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 forty years, the first thirty years to run concurrently with another sentence. He appeals from...

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