PER CURIAM.
Appellant, a convict, was convicted of the felonious killing of one Alton Leonard, a prison guard, in whose custody appellant was working. The jury fixed his punishment at death. The conviction and sentence were pursuant to §§ 5049 and 5051 of the Virginia Code, 1930, providing, so far as pertinent, as follows:
"§ 5049. A convict confirmed in the penitentiary, or in custody of an officer, shall be deemed guilty of felony if he kill...
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