HAMILTON v. COM.

Record No. 760122.

228 S.E.2d 555 (1976)

Franklin E. HAMILTON, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 8, 1976.


Attorney(s) appearing for the Case

Robert A. Payne, Alexandria, 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.

On September 26, 1974 Franklin E. Hamilton, Jr. was convicted in the court below on a charge of statutory burglary. The defendant was sentenced on March 28, 1975 to serve three years in the penitentiary. The trial judge suspended two years and six months of the sentence "conditioned upon the defendant's good behavior. . . ."

On July 17, 1975, the lower court ordered defendant to show cause why his suspended sentence should not be revoked, it having...

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