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BRILEY v. COM.

Record No. 800690.

273 S.E.2d 48 (1980)

Linwood Earl BRILEY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 26, 1980.

Attorney(s) appearing for the Case

Frank N. Cowan, Richmond (Deborah S. O'Toole, Cowan, Owen & Nance, Richmond, on brief), for appellant.

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

Before HANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

CARRICO, Justice.

In a two-stage jury trial conducted in accordance with Code §§ 19.2-264.3 and -264.4, the defendant, Linwood Earl Briley, was convicted of capital murder for a willful, deliberate, and premeditated killing occurring in the commission of robbery while armed with a deadly weapon, Code § 18.2-31(d), and his punishment was fixed at death.1 After receipt of a post...

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