TOMLINSON v. COM.

Record No. 0799-87-2.

380 S.E.2d 26 (1989)

Larry Neal TOMLINSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 16, 1989.


Attorney(s) appearing for the Case

C. Gilbert Hudson, Jr., Emporia, for appellant.

Robert B. Condon, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, COLE and DUFF, JJ.


DUFF, Judge.

Larry Neal Tomlinson appeals his jury conviction of shooting into the occupied dwelling of Ronald Burton Ferguson in violation of Code § 18.2-279. He was sentenced to ten years in the state penitentiary.

The issues presented on appeal are: (1) whether the trial court erred in refusing the defendant's request for a continuance or mistrial when a defense witness appeared at trial under the influence of alcohol; (2) whether the trial court erred...

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