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SANDS v. COM.

Record No. 1567-99-3.

536 S.E.2d 461 (2000)

33 Va. App. 669

Victoria Shelton SANDS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

November 7, 2000.

Attorney(s) appearing for the Case

Philip G. Gardner (R. Reid Young, III; Gardner, Gardner, Barrow & Sharpe, P.C.; Law Offices of R. Reid Young, III, on briefs), Martinsville, for appellant.

Richard B. Smith, Senior Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and ELDER, JJ.

ELDER, Judge.

Victoria Shelton Sands (appellant) was convicted in a jury trial for the first degree murder of her husband, Thomas Sands (Sands), and use of a firearm during the commission of murder. On appeal, she contends the trial court erred by refusing to instruct the jury on the law of self-defense. We agree. We, therefore, reverse the convictions and remand for a new trial.

I. BACKGROUND

In reviewing the trial court's refusal to grant a defendant...

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