PENN v. COMMONWEALTH


169 S.E.2d 427 (1969)

210 Va. 242

William PENN, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

September 5, 1969.


Attorney(s) appearing for the Case

Lawrence Douglas Wilder, Richmond, for plaintiff in error.

W. Luke Witt, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Reno S. Harp, III, Asst. Atty. Gen., on brief), for defendant in error.

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


HARRISON, Justice.

At a trial held April 10-11, 1967, the defendant, William Penn, Jr., was convicted by a jury of the first degree murder of Mozelle Leon Spencer and his punishment fixed at 20 years in the penitentiary. Judgment was entered on the jury's verdict and sentence accordingly imposed.

Defendant seeks a reversal of this judgment and a remand of the case for a new trial. While several errors are assigned, the critical issue is the action of the trial...

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