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Spencer v. Commonwealth

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eBook details

  • Title: Spencer v. Commonwealth
  • Author : Virginia Supreme Court
  • Release Date : January 08, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

In the present case, Spencer was indicted for rape, breaking and entering with intent to commit rape, and capital murder, i.e., willful, deliberate, and premeditated murder during the commission of, or subsequent to, rape, former Code § 18.2-31(e), now Code § 18.2-31(5). At the first stage of a bifurcated jury trial conducted pursuant to Code §Â§ 19.2-264.3 and -264.4, Spencer was convicted of all three offenses, and his punishment was fixed at life imprisonment for rape and 20 years imprisonment for burglary. At the penalty phase of the trial, after hearing evidence in aggravation and mitigation, the jury found both the "future dangerousness" and "vileness" predicates to be present and unanimously fixed Spencers punishment at death for capital murder. After considering a probation officers report and conducting a sentencing hearing, the court, by final orders dated October 17, 1989, entered judgments confirming the jurys verdicts.


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