DAVIS v. COMMONWEALTH


204 S.E.2d 272 (1974)

Otis Hunt DAVIS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 22, 1974.


Attorney(s) appearing for the Case

Samuel T. Patterson, Jr., Petersburg, on brief, for plaintiff in error.

Andrew P. Miller, Atty. Gen., Wilburn C. Dibling, Jr., Asst. Atty. Gen., on brief, for defendant in error.

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


PER CURIAM.

On March 28, 1973 the trial court entered final judgment upon the jury's verdict finding Otis Hunt Davis (defendant) guilty of murder of the first degree and fixing his punishment at life in the penitentiary. Defendant, who pleaded not guilty by reason of insanity, challenges the trial court's refusal to grant an irresistible impulse instruction.

The evidence showed that defendant, in an unprovoked attack, stabbed and killed Gene Smith as he sat...

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