Akers presents no argument that the sentence of death in his case is disproportionate and based on our review of this case and similar cases we conclude that the sentence of death is neither excessive nor disproportionate to sentences generally imposed in this commonwealth for capital murders comparable to akers murder of smith. Furthermore we agree that akers was prejudiced by the commonwealths failure to provide him with the report since proof of an actual injury is an element of the fourth degree assault charge krs 508030. September 15 2000 record no 992894 thomas wayne akers v commonwealth of virginia from the circuit court of franklin county william n alexander ii judge. 216 va 40 1975 charles rufus akers v commonwealth of virginia record no 741039 supreme court of virginia june 13 1975 present all the justices 1 defendant did not question voluntariness and admissibility of his statement over telephone that he had killed someone nor his oral statement to police at scene of crime that he had killed deceased and that her body was in the closet. Brown v commonwealth 8 va app 126 132 380 se2d 8 11 1989 the record must affirmatively show that a miscarriage of justice has occurred not that a miscarriage might have occurred redman v commonwealth 25 va app 215 221 487 se2d 269 272 1997 application of the ends of justice exception is appropriate where the
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