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JUSTUS v. COM.

Record No. 791326.

266 S.E.2d 87 (1980)

Buddy Earl JUSTUS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 18, 1980.

Attorney(s) appearing for the Case

H. Gregory Campbell, Jr., Blacksburg (Robert W. Spessard, Jr., Roanoke, Gilmer, Sadler, Ingram, Sutherland & Hutton, Blacksburg, Spessard & Spessard, Roanoke, on briefs), for appellant.

Jerry P. Slonaker, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and THOMPSON, JJ.

HARRISON, Justice.

A jury convicted Buddy Earl Justus of willful, deliberate, and premeditated killing during the commission of, or following rape, Code § 18.2-31(e), and, after a penalty proceeding, recommended that his punishment be fixed at death. Following receipt of the post conviction report of a probation officer, the trial court held a sentencing hearing, confirmed the jury's verdict, and ordered that Justus be executed. Code §§ 19.2-264.3 through...

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