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KIRBY v. COMMONWEALTH

167 S.E.2d 411 (1969)

209 Va. 806

Robert Woodford KIRBY v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 28, 1969.

Attorney(s) appearing for the Case

J. Frank Shepherd, Lynchburg, 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, GORDON and HARRISON, JJ.

HARRISON, Justice.

Robert Woodford Kirby, defendant, was indicted for statutory burglary and possession of burglarious tools, and entered pleas of not guilty to each indictment. A jury found defendant guilty of statutory burglary, fixed his punishment at 5 years in the State Penitentiary, and he was sentenced by the court. Defendant waived trial by jury on the indictment charging possession of burglarious tools, and the trial court found defendant guilty, fixed his...

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