EVANS v. COM.

Record No. 840474.

323 S.E.2d 114 (1984)

Wilbert Lee EVANS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 30, 1984.


Attorney(s) appearing for the Case

Jonathan Shapiro, Alexandria (Gary Myers, Jonathan Shapiro & Associates, P.C., Howard & Howard, P.C., Alexandria, on brief), for appellant.

Donald R. Curry, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Present: All the Justices.


COMPTON, Justice.

This is the automatic, priority review of a sentence to death. Previously, upon similar review, we affirmed an earlier death sentence imposed on the defendant for the same crime. Subsequent to the affirmance, the defendant instituted a state habeas corpus proceeding. As the result of information developed in the habeas case, the Commonwealth confessed error and the first death sentence was set aside. Following...

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