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JUSTUS v. COM.

Record No. 810156.

283 S.E.2d 905 (1981)

Buddy Earl JUSTUS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 16, 1981.

Attorney(s) appearing for the Case

H. Gregory Campbell, Jr., Blacksburg (Robert W. Spessard, Jr., Roanoke, Edward James Woodhouse, Jr., Radford, Gilmer, Sadler, Ingram, Sutherland & Hutton, Blacksburg, Spessard & Spessard, Roanoke, Goldsmith, Anderson & Woodhouse, Radford, on brief), for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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

THOMPSON, Justice.

In a previous trial, Buddy Earl Justus was convicted of capital murder during the commission of, or subsequent to, rape, and sentenced to death. Code § 18.2-1(e). On appeal, we reversed the conviction and remanded the case for a new trial because of error in the selection of the jury. Justus v. Commonwealth, 220 Va. 971, 266 S.E.2d 87 (1980). On remand,...

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