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SWART v. COMMONWEALTH

205 S.E.2d 388 (1974)

215 Va. 9

Frank D. SWART v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 10, 1974.

Attorney(s) appearing for the Case

Frank D. Swart, pro se.

Gilbert W. Haith, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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

PER CURIAM.

Frank D. Swart appeals his conviction by the trial court, sitting without a jury, of hunting rabbits with a .22 caliber pistol in violation of the game laws.

At the time of trial, in response to Swart's request, the Commonwealth's Attorney specified that Code § 29-140 (Repl. Vol.1973) was the statute under which Swart was charged. This statute permits the hunting of game animals with pistols in...

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