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tact witn tne paun ot my nana.
According to Edward Wince, Mr. James then said, “Now you have done it. You are going to jail.”
Edward Wince said, “You are going with me.”
Mr. James responded, “That is nothing new. I have spent many a night in jail.”
The father, Robert Wince, testified that Mr. James “was hollerin’ and whoopin’. He cursed me, so my son heard him and got out of the truck.” Mr. Wince testified that his son had not struck Mr. James.
Mr. Hugo Perez, a lawyer and former resident of Rappahannock County, testified to Edward Wince’s reputation in the community being one of truth and veracity, and peace and quiet. He had employed Mr. Wince when he lived in the county.
Judge W. Shore Robertson said, “There is a question as to whether it was a defensive move. The evidence is highly conflicting. I do not believe the Commonwealth has proved assault beyond a reasonable doubt. There are two many conflicts and uncertainties. I cannot reconcile all of these statements as is necessary to convict.” 1
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