FAIN v. COM.

Record No. 0117-89-3.

393 S.E.2d 634 (1990)

Ronald Dale FAIN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 12, 1990.


Attorney(s) appearing for the Case

Randal J. Duncan (Jenkins & Quigley, Radford, on brief), for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and MOON and WILLIS, JJ.


WILLIS, Judge.

Ronald Dale Fain was convicted by a jury of second degree murder of Buddy Montgomery and of using a firearm in the commission of that murder. Fain testified that the shooting was accidental. On cross-examination he was asked why he had not given that explanation to the police officers and other witnesses when the case was being investigated. He moved for a mistrial, contending that this violated his constitutional right against self-incrimination. He...

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