HINTON v. COM.

Record No. 771305.

247 S.E.2d 704 (1978)

Frank L. HINTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 6, 1978.


Attorney(s) appearing for the Case

O. L. Gilbert, Norfolk (Rabinowitz, Rafal & Swartz, Norfolk, on brief), for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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


COMPTON, Justice.

Defendant Frank L. Hinton, convicted by a jury of malicious wounding, appeals the May 1977 final order which sentenced him in accordance with the verdict to 20 years' imprisonment. We have limited the writ of error to consideration of whether the trial court misinstructed the jury in response to a question concerning parole eligibility of a person sentenced to the penitentiary.

The issue arose in the following manner. After deliberating for...

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