SPAIN v. COM.

Record No. 1328-86-2.

373 S.E.2d 728 (1988)

Michael Lee SPAIN, Sr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 15, 1988.


Attorney(s) appearing for the Case

James F. Parkinson, III (Smith, Moncure, Blank, Isaacs & Hinton, Richmond, on brief), for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BENTON and COLE, JJ.


COLE, Judge.

The appellant, Michael Lee Spain, Sr., appeals his convictions of burglary, robbery and felony murder, contending that (1) the court should have granted the motion to quash the felony murder indictment; (2) the trial court erred in refusing to order a separate trial on the felony murder charge; (3) his double jeopardy rights were violated when he was convicted, in a single trial, of both felony murder in violation of Code § 18.2-32 and the underlying...

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