KIRBY v. COM.

Record No. 0829-06-3.

653 S.E.2d 600 (2007)

50 Va. App. 691

Earl Kruger KIRBY, III v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 11, 2007.


Attorney(s) appearing for the Case

Steven B. Novey (Novey and Tomko Law Firm, on brief), Prince George, for appellant.

Alice T. Armstrong, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and FRANK and KELSEY, JJ.


KELSEY, Judge.

Earl Kruger Kirby, III, killed his wife and buried her in the backyard of their home. Convicted by a jury of first-degree murder and use of a firearm during the murder, Kirby argues on appeal that the trial court committed reversible error by refusing to permit the jury to replay his videotaped confession during deliberations. The videotape had been played at trial while the jurors followed along with a verbatim transcript. We affirm Kirby's convictions...

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