McLEAN v. COM.

Record No. 1637-97-1.

507 S.E.2d 640 (1998)

28 Va. App. 593

Lorenzo McLEAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

December 8, 1998.


Attorney(s) appearing for the Case

Fay F. Spence (Spence & Whitlow, on brief), Norfolk, for appellant.

Michael T. Judge, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and LEMONS, JJ.


BENTON, Judge.

A jury convicted Lorenzo McLean of robbery and of capital murder for a killing committed in the commission of a robbery. On this appeal, McLean contends the trial judge erred by instructing the jury during their deliberations on "concert of action" in response to the jury's questions about "intent." For the reasons that follow, we reverse the convictions and remand for a new trial.

I.

The evidence at trial proved that a police officer...

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