Boone v. Commonwealth

Opinion

BRAY, J.

Stanley Lee Boone (defendant) was convicted of malicious wounding and sentenced to twenty years imprisonment in accordance with the jury’s verdict. He contends on appeal that the trial court erred in refusing to instruct the jury on the lesser included offense of assault and battery. We agree and reverse the conviction.

Although the Commonwealth prevailed at trial, the appropriate standard of review requires that we view the evidence with respect to the refused instruction in the light most favorable to the defendant. Martin v. Commonwealth, 13 Va. App. 524, 526, 414 S.E.2d 401,…