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RICE v. COMMONWEALTH

188 S.E.2d 196 (1972)

212 Va. 778

Herman Clarence RICE, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 24, 1972.

Attorney(s) appearing for the Case

Thomas W. Moss, Jr., Norfolk, for plaintiff in error.

James E. Kulp, 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.

Herman Clarence Rice, Jr., was convicted by a jury of second degree murder and sentenced in accordance with the jury's verdict to confinement in the State penitentiary for a period of eighteen years. Rice's sole contention on this appeal is that the trial court erred in overruling his motion for a continuance because his counsel, Thomas W. Moss, Jr., was a member of the General Assembly of Virginia, which was in session at the time his case was tried,...

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