CAUDILL v. COM.

Record No. 0587-97-3.

497 S.E.2d 513 (1998)

27 Va. App. 81

Bolivar CAUDILL, s/k/a Boliver Caudill v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 7, 1998.


Attorney(s) appearing for the Case

Wade T. Compton (C. Eugene Compton, P.C., on brief), Lebanon, for appellant.

Richard B. Smith, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.

Present: BENTON, COLEMAN and BUMGARDNER, JJ.


COLEMAN, Judge.

Bolivar Caudill appeals his jury trial conviction for malicious wounding in violation of Code § 18.2-51. He contends the trial court erred when it: (1) refused to instruct the jury on the "heat of passion" defense, and (2) excluded from the jury's consideration during the sentencing phase evidence regarding the impact of appellant's incarceration upon his family. Finding no error, we affirm the conviction.

I. BACKGROUND

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