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BERKELEY v. COM.

Record No. 1680-92-1.

451 S.E.2d 41 (1994)

Stanley Justin BERKELEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 29, 1994.

Attorney(s) appearing for the Case

Stanley E. Sacks, Norfolk (Sacks, Sacks & Imprevento, on brief), for appellant.

Donald R. Curry, Sr. Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON and BRAY, JJ.

JOSEPH E. BAKER, Judge.

Stanley Justin Berkeley (appellant) appeals from a judgment of the Circuit Court of the City of Chesapeake (trial court) that approved a jury verdict convicting him of first degree murder. The same jury convicted appellant of rape and abduction with intent to defile.

This appeal is limited to the first degree murder conviction for violation of Code § 18.2-32.1 The dispositive question

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