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HELMICK v. COM.

Record No. 1430-01-1.

567 S.E.2d 551 (2002)

38 Va. App. 558

Derrick Edward HELMICK v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

August 6, 2002.

Attorney(s) appearing for the Case

Richard C. Clark, Senior Assistant Public Defender, for appellant.

Eugene Murphy, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., ANNUNZIATA, J. and OVERTON, Senior Judge.

FITZPATRICK, Chief Judge.

Derrick Edward Helmick (appellant) appeals his conviction by a jury of first degree murder in violation of Code § 18.2-32. On appeal, he contends the trial court erred in failing to (1) declare a mistrial to allow his counsel to withdraw and testify on his behalf, (2) exclude testimony from a witness of appellant's harassment of that witness, (3) instruct the jury on assault and battery, and (4) instruct the jury on accident as a defense...

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