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WILLIS v. COM.

Record Nos. 770424, 770436.

238 S.E.2d 811 (1977)

Henry Lee WILLIS, Jr. v. COMMONWEALTH of Virginia. Harold Lewis BELL, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 23, 1977.

Attorney(s) appearing for the Case

J. Michael Gamble, Charlottesville (Pendleton, Janow & Gamble, Charlottesville, on brief), for plaintiff in error, Henry Lee Willis.

Jerry P. Slonaker, Asst. Atty. Gen. (Anthony F. Troy, Atty. Gen. on brief), for defendant in error.

Kenneth W. Farrar, Lovingston, for plaintiff in error, Harold Lewis Bill.

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

I'ANSON, Chief Justice.

Defendants, Henry Lee Willis, Jr. and Harold Lewis Bell, Jr., were charged in separate indictments alleging that on May 9, 1976 they did rape one Ender Bell, a female over the age of 13 years, against her will and by force. The two cases were tried together by a jury, and each defendant was found guilty and sentenced in accordance with the jury's verdicts to five years in the penitentiary.

The sole question presented on this appeal...

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