DAVIS v. COM.

Record No. 1522-89-2.

404 S.E.2d 377 (1991)

Stephen Blake DAVIS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 30, 1991.


Attorney(s) appearing for the Case

William J. Doran, III, Richmond, for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BENTON and COLE, JJ.


KOONTZ, Chief Judge.

In a jury trial held on March 1, 1988, Stephen Blake Davis, appellant, was convicted of felony homicide pursuant to Code § 18.2-33 and sentenced to eight years imprisonment. On appeal, Davis, who is an habitual offender, contends the accidental killing that occurred while he was driving a motor vehicle is not felony murder within the purview of Code § 18.2-33 because, other than mere contiguity...

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