BATTLE v. COM.

Record No. 0597-96-2.

482 S.E.2d 873 (1997)

24 Va. App. 440

Andre Tyree BATTLE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 25, 1997.


Attorney(s) appearing for the Case

D. Gregory Carr (Cary B. Bowen; Bowen & Bowen, P.C., on brief), Richmond, for appellant.

Leah A. Darron, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BENTON and ELDER, JJ., and COLE, Senior Judge.


BENTON, Judge.

A jury convicted Andre Tyree Battle of second degree murder but acquitted him of use of a firearm in the commission of a felony. Battle contends that the conviction should be reversed because the trial judge erroneously admitted evidence of a shooting incident that involved Battle and the victim two nights before the killing. We affirm the conviction.

I.

Battle was indicted on charges of first degree murder of Otis Patillo and use...

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