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HINES v. COMMONWEALTH

Record No. 760464.

234 S.E.2d 262 (1977)

Ronald Lamont HINES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 22, 1977.

Attorney(s) appearing for the Case

Michael Morchower, Richmond (John W. Luxton, Ott, Morchower, Thompson & McMullan, Richmond, on brief), 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.

HARRISON, Justice.

Ronald Lamont Hines contends that an instruction given at his trial relative to his failure to testify violated his Fifth Amendment rights and constituted prejudicial error requiring a reversal of his conviction.

Hines was indicted for (1) the possession of heroin with intent to distribute; (2) possession of drug paraphernalia; and (3) possession of marijuana. At his trial appellant did not testify...

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