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SIMMONS v. COMMONWEALTH

160 S.E.2d 569 (1968)

Howard Stuart SIMMONS v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 22, 1968.

Attorney(s) appearing for the Case

J. L. Tompkins, Hillsville, for plaintiff in error.

A. R. Woodroof, Asst. Atty. Gen., (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.

CARRICO, Justice.

Howard Stuart Simmons, the defendant, was indicted along with Early J. Burnett and Gerald R. Martin for the unlawful and felonious burning of a bridge belonging to the Norfolk & Western Railway Company. (Code, § 18.1-81.) The defendant elected to be tried separately. Upon his trial before a jury, he was convicted, and his punishment was fixed at three years in the penitentiary. He was awarded a writ of error to the final judgment confirming...

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