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FOGG v. COM.

207 S.E.2d 847 (1974)

Bernard Ross FOGG v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 28, 1974.

Attorney(s) appearing for the Case

Charles R. Cloud, Norfolk, for plaintiff in error.

Gilbert W. Haith, 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.

On November 26, 1966, the defendant, Bernard Ross Fogg, pleaded not guilty to three indictments charging him with rape, robbery and abduction. By consent entered of record, a jury was waived, and after hearing evidence the trial judge found the defendant guilty of the charges and sentenced him to death on the rape charge and confinement in the State penitentiary on the other two charges. We affirmed the judgments in Fogg v. Commonwealth, ...

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