MONTAGUE v. COM.

Record No. 2003-98-2.

522 S.E.2d 379 (1999)

31 Va. App. 187

Homer D. MONTAGUE, Sometimes Known as Homer Donte Montague v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 21, 1999.


Attorney(s) appearing for the Case

Gregory W. Franklin, Assistant Public Defender (David J. Johnson, Public Defender, on brief), for appellant.

Virginia B. Theisen, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: ELDER and FRANK, JJ., and HODGES, Senior Judge.


FRANK, Judge.

In a jury trial, Homer D. Montague (appellant) was convicted of grand larceny, attempting to elude a police officer, and felony murder. On appeal, appellant contends: 1) the evidence was insufficient to support his conviction of felony murder because the underlying felony was complete before the homicide occurred; 2) the court erred in instructing the jury that they could return a conviction for felony murder solely upon finding a causal relationship...

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