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SPENCER v. COM.

Record Nos. 890579, 890580.

385 S.E.2d 850 (1989)

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

Supreme Court of Virginia.

November 10, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Everhart (David J. Johnson, Tuck & Everhart, Richmond, 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: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, THOMAS, WHITING and LACY, JJ.

STEPHENSON, Justice.

In a bifurcated jury trial conducted pursuant to Code §§ 19.2-264.3 and -264.4, Timothy Wilson Spencer was convicted of the capital murder of Dr. Susan Hellams, i.e., the willful, deliberate, and premeditated murder during the commission of, or subsequent to, rape, former Code § 18.2-31(e) (1987 Cum.Supp.). The jury also convicted Spencer of the rape of Hellams, of the forcible sodomy of Hellams, and of burglary, i.e....

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