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CLANTON v. COM.

Record No. 810953.

286 S.E.2d 172 (1982)

Earl CLANTON, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 22, 1982.

Attorney(s) appearing for the Case

Timothy J. Hauler, Colonial Heights (Elliott, DeBoer & Hauler, Ltd., Colonial Heights, on brief), for appellant.

Thomas D. Bagwell, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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

COCHRAN, Justice.

Tried by a jury on an indictment charging him with capital murder in the commission of robbery while armed with a deadly weapon in violation of Code § 18.2-31(d), the defendant, Earl Clanton, Jr., was found guilty as charged. In the second stage of the proceeding conducted in compliance with Code §§ 19.2-264.3 and -264.4, the same jury fixed Clanton's punishment at death. After considering the report of the

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