BRUCE v. COM.

No. 0504-88-2.

387 S.E.2d 279 (1990)

Thomas Edward BRUCE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 2, 1990.


Attorney(s) appearing for the Case

Scott Goodman, for appellant.

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

Present: BENTON, DUFF and COLE, JJ.


BENTON, Judge.

Thomas Edward Bruce was convicted by a jury of second degree murder and use of a sawed-off shotgun in the commission of murder. He contends that the trial judge erred: (1) in instructing the jury that, as a matter of law, the weapon used was a sawed-off shotgun; and (2) in refusing to consider a reduction in the jury's recommended sentence. For the reasons that follow, we reverse the convictions and remand for a new trial.

Fred Scott and Bruce...

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