RHODES v. COM.

Record No. 2975-01-2.

583 S.E.2d 773 (2003)

41 Va. App. 195

Shirley R. RHODES, s/k/a Shirley Roger Rhodes, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 29, 2003.


Attorney(s) appearing for the Case

Carson E. Saunders, Jr. (Vincent Law Firm, on briefs), for appellant.

Richard B. Smith, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: Judges BENTON, ANNUNZIATA and Senior Judge COLEMAN.


ANNUNZIATA, Judge.

Rhodes was convicted by a jury of the first-degree murder of Mary Lou Orloff and was sentenced to life imprisonment. On appeal, he argues the trial court committed reversible error when it refused to instruct the jury on "heat of passion." For the reasons that follow, we affirm.

Facts

On appeal, when the issue is a refused jury instruction, "[the evidence is viewed] in the light most favorable to the proponent of the instruction...

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