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HERRON v. COMMONWEALTH

157 S.E.2d 195 (1967)

208 Va. 326

Israel Wesley HERRON v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 9, 1967.

Attorney(s) appearing for the Case

Robert T. Winston, Norton, 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 BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

GORDON, Justice.

Herron was tried on an indictment charging him with the rape of a thirteen-year-old girl on February 23, 1966. Va. Code Ann. § 18.1-44 (Repl. vol. 1960) (authorizing the death penalty or confinement for life or a term of not less than five years where a person carnally knows a female child under the age of fourteen years, whether or not the female consented). This appeal is from the conviction order, which sentenced Herron to ten years in the...

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