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BALLARD v. COM.

Record No. 831519.

321 S.E.2d 284 (1984)

John Robert BALLARD v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 12, 1984.

Attorney(s) appearing for the Case

Sterling H. Moore, Richmond (Craig S. Cooley, Haskins & Moore, Brown, Bruner & Cooley, Richmond, on brief), for appellant.

James E. Kulp, Sr. Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Present: All the Justices.

CARRICO, Chief Justice.

This appeal involves a constitutional challenge to the Virginia procedure in criminal cases whereby an adult tried by jury has his sentence fixed by the jury, Code § 19.2-295,1 while a juvenile transferred to circuit court and tried by jury has his sentence fixed by the judge, Code § 16.1-272.2 The question for decision is whether the denial of jury sentencing to juveniles...

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