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SHIFFLETT v. COM.

Record No. 791272.

269 S.E.2d 353 (1980)

Melvin I. SHIFFLETT v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 28, 1980.

Attorney(s) appearing for the Case

Robert T. Hall, Fairfax (Hall, Surovell, Jackson & Colten, P. C., Fairfax, on briefs), for appellant.

Richard B. Smith, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ., and HARMAN, Special Justice.

PER CURIAM.

Melvin Irving Shifflett was convicted by a jury of committing sodomy and malicious wounding of Diane Kruger. The defendant was sentenced by the trial court to serve five years and thirteen years, respectively, in the state penitentiary. His petition for appeal of the malicious wounding conviction questions the action of the trial court in granting an instruction which reads as follows:

Instruction No. 11. THE COURT instructs the Jury that a man...

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