Barrett v. Commonwealth

Charles Barrett was charged with malicious wounding, Code § 18.2-51 1 , and with the use of a firearm in the commission of malicious wounding, Code § 18.2-53.1. A jury convicted Barrett of both charges and fixed his punishment at 13 years and two years in the penitentiary, respectively. The trial court sentenced Barrett in accordance with the jury’s verdict.

In this appeal, we must determine whether the court erred (1) in refusing Barrett’s proffered jury instructions relating to the lesser-included offense of unlawful wounding, (2) in refusing to permit Barrett to cross-examine the victim,…