McHUGH, Justice:
In this case, the petitioner, Russell Clark Phillips, appeals from his 1983 conviction in the Circuit Court of Mineral County, West Virginia, of murder of the first degree, "without a recommendation of mercy." W.Va.Code, 61-2-1 [1931]; W.Va.Code, 62-3-15 [1965]. He received a penitentiary sentence of life imprisonment. This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel.
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