SMITH v. COMMONWEALTH

Record No. 750974.

225 S.E.2d 194 (1976)

Howard Edward SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 11, 1976.


Attorney(s) appearing for the Case

Henry A. Whitehurst, Christiansburg (Gillis, Whitehurst & Obenshain, Christiansburg, on brief), for plaintiff in error.

Jim L. Chin, 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.


PER CURIAM.

Indicted for the murder of Willy Lowery, Howard Edward Smith was convicted by a jury of voluntary manslaughter and was sentenced in accordance with the verdict to serve five years in the penitentiary. The trial court overruled defendant's motions to strike, and under the errors assigned, the sole question preserved on appeal is whether the evidence was sufficient to identify defendant as the criminal agent.*

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