WHITTAKER v. COM.

Record No. 760800.

234 S.E.2d 79 (1977)

Douglas McArthur WHITTAKER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 22, 1977.


Attorney(s) appearing for the Case

C. Willard Norwood, Richmond (Norwood & Norwood, Richmond, on brief), for plaintiff in error.

K. Marshall Cook, 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.


POFF, Justice.

Convicted by a jury of breaking and entering a dwelling and stealing several antique items, Douglas McArthur Whittaker was sentenced by final order entered February 27, 1976 to confinement in the penitentiary for five years.

Although the owner, Theodore D. Lewis, identified some of the articles seized under warrant from Whittaker's home as his property, he conceded that none was a "one time manufacture piece". Other testimony indicated that...

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