Branch v. Commonwealth

Opinion

BARROW, J.

This appeal is from a conviction for aggravated malicious wounding and second degree murder. The defendant contends that the evidence did not support his conviction for aggravated malicious wounding because it did not show that the victim was left “totally and permanently disabled.” Code § 18.2-51.2. He also contends that the Commonwealth did not prove beyond a reasonable doubt that his acts were done maliciously. We hold that the meaning of “totally . . . disabled” as used in Code § 18.2-51.2 includes injuries such as those sustained by the victim. We further hold that the…