KING v. COM.

Record No. 0998-86-3.

368 S.E.2d 704 (1988)

Nelson James KING v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 17, 1988.


Attorney(s) appearing for the Case

Thomas M. Jackson, Jr. (McGrady & Jackson, Hillsville, on brief), for appellant.

Robert Q. Harris, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., COLEMAN and KEENAN, JJ.


COLEMAN, Judge.

We consider whether the facts in this case constitute a violation of the felony-murder statute, Code § 18.2-33. Nelson James King appeals his conviction of second degree murder under the statute. He argues that he could not be convicted of second degree murder for the accidental death of a cofelon occurring during the commission of a felony. He also argues that the trial court erred in instructing the jury on the elements of the offense. We hold...

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