Leal v. Commonwealth

AGEE, Judge.

Jorge Manuel Leal (Leal) was convicted by a Newport News Circuit Court jury of malicious wounding by a mob of John Binns (Binns), in violation of Code § 18.2-41. 1 On appeal, Leal argues that the trial court erred by denying his proffered jury instruction on the offense of assault and battery by a mob in regards to his alleged involvement in the altercation with Binns. Finding the evidence sufficient to support the granting of the proffered instruction, we reverse the decision of the trial court and remand this matter for a new trial.

I. BACKGROUND

Leal testified at trial in his own…