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GUTHRIE v. COMMONWEALTH

186 S.E.2d 68 (1972)

212 Va. 602

Gene Elgin GUTHRIE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 17, 1972.

Attorney(s) appearing for the Case

J. R. Canterbury, Salem, for plaintiff 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.

HARRISON, Justice.

This is a companion case to Smith v. Commonwealth of Virginia1 decided today by this court.

Gene Elgin Guthrie appeals his conviction of statutory burglary and the judgment of the lower court sentencing him to confinement in the state penitentiary for a period of three years. The issue involved here is identical with that in Smith. With certain exceptions, hereinafter pointed out, the evidence introduced...

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