VAUGHN v. COMMONWEALTH

Record No. 2694-99-2.

540 S.E.2d 516 (2001)

34 Va. App. 263

Ronnie Antjuan VAUGHN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

January 30, 2001.


Attorney(s) appearing for the Case

Patricia P. Nagel, Assistant Public Defender (David J. Johnson, Public Defender; Office of the Public Defender, on brief), for appellant.

Shelly R. James, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: WILLIS, ANNUNZIATA, JJ., and COLEMAN, Senior Judge.


WILLIS, Judge.

Ronnie Antjuan Vaughn was convicted of unlawful wounding in violation of Code § 18.2-51. On appeal, Vaughn argues that the trial court erred in refusing to instruct the jury on the lesser-included offense of assault and battery. Finding the evidence sufficient to support the granting of the lesser-included offense instruction, we reverse.

I. BACKGROUND

On appeal, when we consider a trial court's refusal to give a proffered...

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