Diehl v. Commonwealth

Opinion

BAKER, J.

Michael Joseph Diehl (appellant) appeals from judgments of the Circuit Court of the City of Virginia Beach (trial court) which approved jury verdicts convicting him of first degree murder, abduction, simple assault and felony child neglect. He presents six issues for our consideration. As stated by appellant the issues are: (1) whether a legal, custodial parent of the victim/ child may be found guilty of abduction and felony murder of that child pursuant to § 18.2-47 of the Code of Virginia; (2) whether the Commonwealth’s Exhibit 5 was irrelevant and therefore inadmissible;…