SMITH v. COM.

Record No. 751485.

228 S.E.2d 557 (1976)

John Paul SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 8, 1976.


Attorney(s) appearing for the Case

D. Wayne Moore, Newport News (Moore, Weaver, Moore & Bradberry, Newport News, on brief), for plaintiff in error.

Linwood T. Wells, Jr., 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.

Under an indictment returned July 7, 1975, charging statutory burglary committed January 18, 1975, a jury found John Paul Smith guilty as charged and fixed his punishment at 15 years in the penitentiary. Defendant made a motion for a pre-sentencing probation report. Ruling that a report is not required "when there is a jury trial", the trial court denied the motion. By order entered August 20, 1975, the trial...

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