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MARTIN v. COM.

Record No. 761048.

235 S.E.2d 304 (1977)

Fillmore B. MARTIN, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 10, 1977.

Attorney(s) appearing for the Case

Benjamin B. Cummings, Jr., Petersburg (Cummings & Levinson, Petersburg, on brief), for plaintiff in error.

Alan Katz, 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.

On February 7, 1976, Martin D. Taylor was shot and killed. The defendant, Fillmore B. Martin, Jr., admitted the shooting but claimed the killing was accidental. A jury convicted defendant of second degree murder and fixed his punishment at twenty years in the penitentiary. He was sentenced accordingly. We granted a writ of error limited to the question whether the trial court erred in refusing an instruction relating to the defense of accident.

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