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SNIDER v. COX

181 S.E.2d 617 (1971)

212 Va. 13

Frank Jimmy SNIDER, Jr. v. James D. COX, Supt., etc.

Supreme Court of Appeals of Virginia, Richmond.

Rehearing Denied September 1, 1971.

Attorney(s) appearing for the Case

Harvey S. Lutins, Roanoke, for plaintiff in error.

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

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

PER CURIAM.

In July 1956 a jury found Frank Jimmy Snider, Jr. guilty of statutory rape and fixed his punishment at death, and he was sentenced accordingly. In this habeas corpus proceeding, the trial court held that under Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), veniremen opposed to a death sentence were improperly excluded as jurors at Snider's trial. By an order entered December 5, 1969, the trial...

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