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GUSS v. COMMONWEALTH

Record No. 751121.

225 S.E.2d 196 (1976)

Lloyd Alfred GUSS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 11, 1976.

Attorney(s) appearing for the Case

Charles D. Barrell, Culpeper (Lea, Davies, Crigler & Barrell, Culpeper, on brief), for plaintiff in error.

Gilbert W. Haith, 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.

The defendant, Lloyd Alfred Guss, was convicted by a jury of robbery1 and sentenced in accordance with the verdict to five years confinement in the State penitentiary.

Defendant's sole contention is that the trial court erred in refusing an instruction on the offense of assault and battery.

The uncontradicted evidence shows that on the afternoon of December 3, 1974, defendant and David W. Lang, Joseph Shiflett...

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