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SMITH v. COMMONWEALTH

150 S.E.2d 545 (1966)

207 Va. 459

Martin Thomas SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

Rehearing Denied November 30, 1966.

Attorney(s) appearing for the Case

Floyd Caldwell Bagley, Dumfries, 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, PANSON, CARRICO and GORDON, JJ.

SPRATLEY, Justice.

Martin Thomas Smith was, on July 27, 1964, indicted in the Circuit Court of the County of Prince William for the murder of Henry Blaine Moore. The indictment was in the statutory short form, Virginia Code, § 19.1-166, 1960 Repl. Vol. Represented by counsel of his own choosing, he was tried on November 24 and 25, 1964, before a jury, on a plea of not guilty. The jury found him guilty of voluntary manslaughter, and fixed his punishment at two...

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