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SPENCER v. COM.

Record Nos. 890096, 890097.

384 S.E.2d 785 (1989)

Timothy Wilson SPENCER v. COMMONWEALTH of Virginia (Two Cases).

Supreme Court of Virginia.

September 22, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Everhart, David J. Johnson (Tuck and Everhart, on brief), for appellant.

Donald R. Curry, Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richard A. Conway, Asst. Atty. Gen., on brief) for appellee.

Present: All the Justices.

STEPHENSON, Justice.

In one indictment, Timothy Wilson Spencer was charged with capital murder, i.e., the willful, deliberate, and premeditated killing of Debbie Dudley Davis during the commission of, or subsequent to, rape. Former Code § 18.2-31(e) (1987 Cum. Supp.). In a second indictment, Spencer was charged with the rape of Davis. A third indictment charged Spencer with burglary, i.e., breaking and...

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