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RILEY v. COMMONWEALTH

191 S.E.2d 727 (1972)

213 Va. 273

Bobbie Garland RILEY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 9, 1972.

Attorney(s) appearing for the Case

A. L. Larkum, Waynesboro, for plaintiff in error.

Burnett Miller, III, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

SNEAD, Chief Justice.

Bobbie Garland Riley, defendant, was found guilty on an indictment charging that he did "feloniously and unlawfully possess or use a `sawed-off' shotgun for an offensive or aggressive purpose * * *." (Code § 18.1-268.3) The jury fixed his punishment at confinement in the State Penitentiary for a period of ten years, but recommended that the court suspend the sentence and place defendant on probation. On December 22, 1971, the trial court...

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