SMITH v. COM.

Record No. 770133.

237 S.E.2d 776 (1977)

Michael Angelo SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 7, 1977.


Attorney(s) appearing for the Case

Andrew W. Wood, Richmond (Wood, Schmidt & Johnson, Richmond, on brief), for plaintiff in error.

James E. Kulp, Asst. Atty. Gen. (Anthony F. Troy, Atty. Gen., on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


PER CURIAM.

Appealing his conviction of robbery, the defendant, Michael Angelo Smith, assigns as error the refusal of the trial court to instruct the jury to receive "with great caution" the testimony of an accomplice. Finding this refusal erroneous, we reverse.

The evidence shows that in the early morning hours of June 22, 1976, William Phillips was watching television in the living room of his boarding house in the City of Richmond. An acquaintance, Loretta...

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