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WARLITNER v. COMMONWEALTH

Record No. 760163.

228 S.E.2d 698 (1976)

Robert Lewis WARLITNER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 8, 1976.

Attorney(s) appearing for the Case

Franklin R. Blatt, Harrisonburg (William A. Julias, Julias, Blatt & Blatt, Harrisonburg, on brief), for plaintiff in error.

Wilburn C. Dibling, 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.

CARRICO, Justice.

In this homicide case, the defendant, Robert Lewis Warlitner, challenges his jury conviction of second degree murder on the ground that certain instructions granted by the trial court contravene the holding in Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975). Specifically, the defendant contends that Instructions Nos. 8 and 15 improperly relieved the Commonwealth of the burden of proving...

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