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HODGE v. COMMONWEALTH

Record No. 751187.

228 S.E.2d 692 (1976)

James Butner HODGE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 8, 1976.

Attorney(s) appearing for the Case

Robert P. Geary, Highland Springs, for plaintiff in error.

James E. Kulp, 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.

CARRICO, Justice.

In this homicide case, we consider the impact upon Virginia law of the recent decision of the United States Supreme Court in Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975). There, the Court declared violative of due process a provision of Maine law which had been embodied in the charge to the jury in the murder trial of the accused, Wilbur. The Maine law in question provided that, upon...

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