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SMITH v. COM.

Record No. 790371.

261 S.E.2d 550 (1980)

William Ray SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 11, 1980.

Attorney(s) appearing for the Case

John A. Caldwell, Jr., Tazewell, for appellant.

Vera S. Warthen, Asst. Atty. Gen., Richmond (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

HARRISON, Justice.

William Ray Smith was convicted by a jury of first degree murder and sentenced by the trial court to a term of twenty-five years in the state penitentiary. The sole question on appeal is whether there was sufficient evidence of premeditation, an essential element of first degree murder.

About 7 p. m. on Sunday, August 28, 1977, Patricia Dale McGlothlin, age twenty, left home to go to an ice cream parlor in Richlands, Virginia, to obtain...

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