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BROWN v. COM.

207 S.E.2d 833 (1974)

William BROWN v. COMMONWEALTH of Virginia. William KIDD, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 28, 1974.

Attorney(s) appearing for the Case

Charles F. Urquhart, III, Courtland, for plaintiff in error in 730733.

Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendants in error in both cases.

E. Beale Carter, Jr., Boykins (Britt & Carter, Boykins, on brief), for plaintiff in error in 730786.

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

SNEAD, Chief Justice.

William Brown and William Kidd, Jr., were convicted at separate trials by the Southampton Circuit Court, sitting without a jury, on felony indictments relating to acts committed while they were inmates at the Southampton Correctional Farm located in Southampton County.

On May 1, 1973, Brown, on a plea of not guilty, was found guilty of violating Code § 53-291(5). This section provides that it is unlawful for an "inmate in a penal...

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