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GRIFFIN v. COM.

Record No. 2131-99-4.

533 S.E.2d 653 (2000)

33 Va. App. 413

James Edward GRIFFIN, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

September 12, 2000.

Attorney(s) appearing for the Case

Todd S. Baldwin (Baldwin, Molina, Escoto & Machado, P.C., on briefs), Washington, DC, for appellant.

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

Present: FITZPATRICK, C.J., and BRAY and ANNUNZIATA, JJ.

FITZPATRICK, Chief Judge.

James Edward Griffin, Jr. (appellant) was convicted in a jury trial of felony murder, in violation of Code § 18.2-33, use of a firearm in the commission of felony murder, in violation of Code § 18.2-53.1, and possession of a firearm by a convicted felon, in violation of Code § 18.2-308.2. On appeal, he argues that: (1) the evidence was insufficient to establish that the accidental killing occurred within the res gestae<...

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