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BURNS v. COM.

Record Nos. 001879, 001880.

541 S.E.2d 872 (2001)

William Joseph BURNS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 2, 2001.

Attorney(s) appearing for the Case

William B. Allen, Woodstock (Timothy S. Coyne, Winchester; Allen & Allen; Fowler, Griffin, Coyne, Coyne & Patton, on briefs), for appellant.

Pamela A. Rumpz, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present CARRICO, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ.

KINSER, Justice.

A jury convicted William Joseph Burns of the capital murder of Tersey Elizabeth Cooley in the commission of rape and/or forcible sodomy in violation of Code § 18.2-31, statutory burglary in violation of Code § 18.2-90, rape in violation of Code § 18.2-61, and forcible sodomy (anal intercourse) in violation of Code § 18.2-67.1 At the conclusion of the penalty phase of a bifurcated trial, the jury recommended...

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