PAYNE v. COMMONWEALTH

Record No. 740719.

217 S.E.2d 870 (1975)

David Ligon PAYNE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 5, 1975.


Attorney(s) appearing for the Case

Reid M. Spencer, Norfolk (William A. Wheary, III, Wolcott, Spencer & Rivers, P.C., Norfolk, on brief), for plaintiff in error.

Gilbert W. Haith, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


POFF, Justice.

Indicted for the murder of his wife, David L. Payne was convicted by a jury of voluntary manslaughter, and judgment was entered on the verdict fixing his punishment at five years in the penitentiary.

The theory of Payne's defense was that his wife was murdered by an unknown intruder. The crucial question is whether the evidence, which was wholly circumstantial, was sufficient to identify Payne as the criminal agent.

Mrs. Payne was killed...

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