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BERGER v. COM.

Record No. 751511.

228 S.E.2d 559 (1976)

Carl Michael BERGER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 8, 1976.

Attorney(s) appearing for the Case

Michaux Raine, III, Rocky Mount (Davis, Davis, Raine & Davis, Rocky Mount, on brief), for plaintiff-in-error.

Jerry P. Slonaker, 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.

We consider in this criminal appeal a procedural issue and a question of evidence.

Upon indictments for malicious wounding and robbery, defendant Carl Michael Berger was found guilty by a jury and sentenced to a total of 40 years in the penitentiary. A writ of error was awarded on limited grounds to the judgments of conviction entered September 10, 1975.

On Saturday, May 24, 1975, about 11:25 p. m., D. G. Young, the owner of a grocery store...

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