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JONES v. COMMONWEALTH

192 S.E.2d 775 (1972)

213 Va. 425

Phillip JONES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 27, 1972.

Attorney(s) appearing for the Case

Claude C. Farmer, Jr., Richmond (Bremner, Byrne & Baber, Richmond, on brief), 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 CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

The defendant, Phillip Jones, was proceeded against in the court below as a recidivist, having been four times convicted of felonies and sentenced to confinement in the penitentiary. The lower court adjudged that the defendant serve an additional 15 years in the penitentiary, with 7 years of that term suspended. Defendant appeals, alleging that the trial court erred in overruling his motion to dismiss the information filed against him on the ground...

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