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ROLLSTON v. COM.

Record No. 0245-89-2.

399 S.E.2d 823 (1991)

Michael Duane ROLLSTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 2, 1991.

Attorney(s) appearing for the Case

Thomas P. Collins (Eck, Lewis, Anderson & Collins, Richmond, on brief), for appellant.

Thomas D. Bagwell, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., David A. Rosenberg, Asst. Atty. Gen., on brief), for appellee.

Present: COLE, COLEMAN and WILLIS, JJ.

COLE, Judge.

Michael Duane Rollston was convicted of two counts of first degree murder as a principal in the second degree and two counts of use of a firearm in commission of the murders. He was sentenced to a total of forty-six years with nine years suspended. On appeal, he contends that the trial court erred in granting the jury instructions concerning concert of action and principal in the second degree and that the evidence was insufficient to sustain the first...

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