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TOLLEY v. COMMONWEALTH

Record No. 750381.

218 S.E.2d 550 (1975)

216 Va. 341

James TOLLEY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 10, 1975.

Attorney(s) appearing for the Case

Mercer Theodore Kissinger, Jr., Norfolk, for plaintiff in error.

Alan Katz, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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

COCHRAN, Justice.

On June 4, 1974, James Tolley was tried by the court, sitting without a jury, on two indictments charging him with the abduction1 and murder of Sandra Harrell Jones. At the conclusion of the Commonwealth's evidence the trial court overruled Tolley's motion to strike the evidence as to abduction but sustained the motion as to murder on the ground that the Commonwealth had failed to prove that the murder had been committed...

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