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DURHAM v. COMMONWEALTH

198 S.E.2d 603 (1973)

214 Va. 166

Luther DURHAM, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 30, 1973.

Attorney(s) appearing for the Case

Billy J. Tisinger, Lexington (David G. Simpson, Harrison & Johnston, Winchester, on brief), for plaintiff in error.

Linwood T. Wells, Jr., 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.

I'ANSON, Justice.

Luther Durham, Jr.,1 defendant, was tried by a jury for the murder of Mrs. Annie Snow, convicted of murder of the first degree, and was sentenced to life imprisonment. We denied his petition for a writ of error to the judgment. After defendant's successful habeas corpus proceeding in the United States District Court for the Western District of Virginia, he was again tried for the offense in the court below, found guilty...

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