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SMITH v. COM.

Record No. 780293.

248 S.E.2d 135 (1978)

Michael Marnell SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 6, 1978.

Attorney(s) appearing for the Case

David F. Pugh, Williamsburg (James Updike, Law Student; Stone, Bland & Wood, Williamsburg, on brief), for appellant.

James E. Kulp, Deputy Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Post-Conviction Asst. Project of the University of Virginia School of Law (Richard J. Bonnie; John Petrila, on brief), for appellant amicus curiae.

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

POFF, Justice.

On November 2, 1977, Michael Marnell Smith was convicted by a jury of capital murder following rape. Code §§ 18.2-10(a) and 31(e) (Cum.Supp.1977). The next day, pursuant to the bifurcated trial proceedings prescribed by Code §§ 19.2-264.2, -264.3, -264.4, -264.5 (Cum.Supp.1977), the jury heard evidence on the question of penalty and recommended a sentence of death. A post-sentence report...

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