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JOHNSON v. COMMONWEALTH

158 S.E.2d 725 (1968)

208 Va. 481

Barry Clinton JOHNSON, alias, etc. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

Rehearing Denied March 8, 1968.

Attorney(s) appearing for the Case

J. Hugo Madison, Edward Delk, Norfolk, (Gordon L. Starks, Newport News, Madison & Delk, Norfolk, on brief), for plaintiff in error.

Reno S. Harp, III, 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.

BUCHANAN, Justice.

A few minutes after ten o' clock of the evening of November 15, 1965, Mrs. Shirley Hall Healy was shot and killed by a man who forced his way into her automobile as she stopped at the intersection of Duval avenue and Main street, Route 17, in the town of Gloucester, in Gloucester county.

The defendant, Barry Clinton Johnson, was indicted for the killing. He was tried by a jury which found him guilty of murder in the first degree and fixed...

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