GILBERT v. COM.

Record No. 2527-97-1.

506 S.E.2d 543 (1998)

28 Va. App. 466

28 Va. App. 466

Fred Byron GILBERT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

November 10, 1998.


Attorney(s) appearing for the Case

W. Alan Maust, Hampton, for appellant.

Daniel J. Munroe, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and LEMONS, JJ.


BENTON, Judge.

Fred Byron Gilbert was indicted and tried for the murder of Perry Buchanan and use of a firearm in the commission of murder. The trial judge convicted Gilbert of voluntary manslaughter. On appeal, Gilbert contends the trial judge erred in ruling that the evidence (1) was insufficient to prove self-defense and (2) was sufficient to support a conviction of voluntary manslaughter. Because we conclude that the evidence supports Gilbert's claim of self-defense...

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