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HENSON v. COMMONWEALTH

155 S.E.2d 346 (1967)

208 Va. 120

Jefferson HENSON, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 12, 1967.

Attorney(s) appearing for the Case

Edgar K. Wells, Jr., Williamsburg, for plaintiff in error.

M. Harris Parker, 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.

We have the question whether Henson can now attack his conviction of robbery and 40-year sentence on the ground that the indictment charged only attempted robbery. If so, we must set aside the conviction and sentence because the maximum punishment for attempted robbery is 20 years (Va.Code Ann. § 18.1-16 (Repl. vol. 1960)).

Henson was brought before the Juvenile and Domestic Relations Court...

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