LEWIS v. COMMONWEALTH


184 S.E.2d 818 (1971)

212 Va. 411

George William LEWIS, Jr. v. COMMONWEALTH of Virginia. Haywood Naccomus GRANT, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

November 29, 1971.


Attorney(s) appearing for the Case

William J. Cox, Fredericksburg (Cox, Woodbridge & Smith, Fredericksburg, on brief), for plaintiffs in error.

Robert E. Shepherd, Jr., 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.


PER CURIAM.

These defendants were jointly tried on indictments charging them with felonious assault (maiming) and attempted rape. They were found guilty on each indictment by a jury which fixed the punishment of each defendant at ten years on each count.

The single issue here revolves around communications exchanged between the court and jury after the jury had retired to deliberate. The jury sent a message to the trial judge asking that the jury be allowed...

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