POOLE v. COMMONWEALTH


176 S.E.2d 821 (1970)

William POOLE, II v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 12, 1970.


Attorney(s) appearing for the Case

John B. Gilmer, Richmond, for plaintiff in error.

William T. Lehner, 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.


CARRICO, Justice.

William Poole, II, the defendant, was convicted by a jury of armed robbery, and his punishment was fixed at twenty years in the penitentiary. To the final judgment approving the jury's verdict and imposing the sentence, the defendant was granted a writ of error. He challenges the legality of identification evidence presented by the Commonwealth and attacks the action of the trial court in refusing a defense instruction.

The evidence before...

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