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PRUETT v. COM.

Record Nos. 860478, 860499.

351 S.E.2d 1 (1986)

David Mark PRUETT v. COMMONWEALTH of Virginia. David Mark PRUETT v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 26, 1986.

Attorney(s) appearing for the Case

Moody E. Stallings, Jr. (Deborah L. Rawls, Stallings and Richardson, Virginia Beach, on brief), for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: All the Justices.

CARRICO, Chief Justice.

On July 1, 1985, David Mark Pruett was indicted for capital murder in the killing of Wilma L. Harvey during or subsequent to the commission of rape. Pruett was also indicted for the rape and robbery of Mrs. Harvey. In the first phase of a bifurcated trial conducted pursuant to Code § 19.2-264.3, a jury convicted Pruett of all three charges and fixed his punishment for rape at life imprisonment...

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