Harrison v. Commonwealth

In this case involving a claim of double jeopardy, the record shows that on September 5, 1977, the defendant, Roy Harrison, and a companion, Howard Judson Gillespie, drove together to a service station in Henrico County. There, the pair participated in robbing the station manager. During the course of the robbery, the manager was shot three times and fatally wounded.

In a single bench trial, the defendant was tried upon separate indictments for capital murder in the commission of armed robbery [Code § 18.2-31 (d)] and for robbery (Code § 18.2-58). At the trial, testifying for the Commonwealth,…