KITZE v. COM.

Record No. 0671-91-2.

422 S.E.2d 601 (1992)

Jeffrey Theodore KITZE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

October 13, 1992.


Attorney(s) appearing for the Case

William H. Shewmake (Malcolm P. McConnell, III, M. Scott Goodman, Coates & Davenport, on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and ELDER, JJ.


ELDER, Judge.

Following a trial on July 9, 1990, a jury found Jeffrey Theodore Kitze guilty of rape and malicious wounding. On appeal, he asserts (1) that the trial court erred in overruling his objections to the Commonwealth's statement in its closing argument that, if the jury found him not guilty by reason of insanity, he would go free; (2) that the trial court erred in granting an instruction that indicated to the jury that no action or movement that was planned...

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