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THARP v. COMMONWEALTH

175 S.E.2d 277 (1970)

211 Va. 1

Richard Terry THARP, Alias, etc. v. COMMONWEALTH of Virginia. Richard Terry THARD, Alias, etc. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 15, 1970.

Attorney(s) appearing for the Case

Ronald J. Berg, Norfolk, for plaintiff in error.

William P. Bagwell, Jr., Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on the brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, JJ.

PER CURIAM.

On August 26, 1968, defendant Richard Terry Tharp was convicted on each of three indictments for felonies. On the same day, the trial court entered a conviction order on all indictments, but on motion of Tharp's retained counsel, Ronald J. Berg, Esquire, suspended execution of the order for a period of sixty days to give Tharp an opportunity to apply to this Court for writs of error. Nothing was done until November 1, 1968, when Tharp filed an affidavit...

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