EVANS-SMITH v. COM.

Record No. 0079-86-4.

361 S.E.2d 436 (1987)

William EVANS-SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

October 20, 1987.


Attorney(s) appearing for the Case

Blair D. Howard and David H. Moyes (Howard & Howard; Moyes & Maggs, on briefs), for appellant.

Frank S. Ferguson, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and DUFF and HODGES, JJ.


KOONTZ, Chief Judge.

William Evans-Smith (appellant) was convicted in a jury trial of second degree murder in violation of Code § 18.2-32 and sentenced in accordance with the jury's recommendation to five years incarceration. On appeal, he argues that: (1) the trial court erred in admitting testimony pursuant to the state-of-mind exception to the hearsay rule; (2) the trial court erred in failing to set aside the verdict...

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