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DALTON v. COM.

Record No. 3134-96-3.

499 S.E.2d 22 (1998)

27 Va. App. 381

Paul Michael DALTON, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 19, 1998.

Attorney(s) appearing for the Case

Charles J. Strauss (H. Victor Millner, Jr., P.C., on brief), Chatham, for appellant.

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

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

ELDER, Judge.

Paul Michael Dalton, Jr. (appellant) appeals his conviction of first degree murder. He contends the trial court erred when it refused to instruct the jury on the crime of accessory after the fact to murder. For the reasons that follow, we reverse and remand.

I.

FACTS

Appellant was charged with three crimes: (1) murder "in the commission of or attempt to commit robbery," (2) murder...

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