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FRYE v. COM.

Record Nos. 850793, 850794.

345 S.E.2d 267 (1986)

Gregory David FRYE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 13, 1986.

Attorney(s) appearing for the Case

J. Chris Alderson, Edward K. Stein (St. Clair, Alderson & Stein, Covington, on brief), for appellant.

James William Osborne, Lexington, for appellant, on ineffective assistance of counsel claim.

Robert B. Condon, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on briefs), for appellee.

Present: All the Justices.

COCHRAN, Justice.

A jury found Gregory David Frye guilty of the capital murder of James LeRoy Biggs, a law enforcement officer, Code § 18.2-31(f), and use of a firearm in the commission of a felony, Code § 18.2-53.1. The jury fixed Frye's punishment for use of a firearm at two years' imprisonment. In the second phase of the bifurcated trial, the jury heard evidence of aggravating and mitigating circumstances and, finding a probability that Frye would commit...

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