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POOLE v. COMMONWEALTH

176 S.E.2d 917 (1970)

Wayne Edward POOLE v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 12, 1970.

Attorney(s) appearing for the Case

William A. Julias, Harrisonburg (Earman & Julias, Harrisonburg, on brief), for plaintiff in error.

C. Tabor Cronk, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

The question before us is whether Wayne Edward Poole's conviction of robbery should be reversed because of a volunteered instruction given by the trial judge to the jury.

Poole and one Michael Allen Kirkpatrick were arrested and charged with a robbery of a motel in Harrisonburg on May 20, 1968. See Kirkpatrick v. Commonwealth, Va., 176 S.E.2d 802. Poole's testimony as a defense witness at Kirkpatrick's trial...

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