Smith v. Commonwealth

On November 2, 1977, Michael Marnell Smith was convicted by a jury of capital murder following rape. Code § § 18.2-10(a) and 31(e) (Cum. Supp. 1977). The next day, pursuant to the bifurcated trial proceedings prescribed by Code § § 19.2-264.2, -264.3, -264.4, - 264.5 (Cum. Supp. 1977), the jury heard evidence on the question of penalty and recommended a sentence of death. A post-sentence report was filed and, following another hearing, the trial court affirmed the jury’s recommendation and entered final judgment November 30, 1977. Defendant’s appeal and automatic review of sentence were…