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FITZGERALD v. COM.

Record No. 811669.

292 S.E.2d 798 (1982)

Edward Benton FITZGERALD v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 18, 1982.

Attorney(s) appearing for the Case

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

Robert H. Anderson, III, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

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

COCHRAN, Justice.

A jury found Edward Benton Fitzgerald guilty of the capital murder of Patricia Cubbage;1 armed robbery; rape; abduction with intent to defile; and burglary. For each of the offenses other than capital murder, the jury fixed Fitzgerald's punishment at confinement in the penitentiary for life. In the second part of the bifurcated proceeding...

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