POTTER v. COM.

Record No. 802088.

283 S.E.2d 448 (1981)

John Grover POTTER, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 16, 1981.


Attorney(s) appearing for the Case

J. Casey Struckmann, Hubert H. Marlow, Jr., Front Royal (Greco & Struckmann, P.C., Front Royal, on brief), for appellant.

James T. Moore, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.


PER CURIAM.

John Grover Potter, Jr., was convicted of second degree murder and his sentence fixed at imprisonment for fifteen years. On appeal, he contends that the trial court erred in granting, over his objection, an instruction which read:

The Court instructs the jury that where the killing, although intentional, is done in passion in the [heat] of blood, upon sudden provocation by gross indignity, the law reduces the offense to manslaughter. But, however...

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