Spain v. Commonwealth

Opinion

COLE, J.

The appellant, Michael Lee Spain, Sr., appeals his convictions of burglary, robbery and felony murder, contending that (1) the court should have granted the motion to quash the felony murder indictment; (2) the trial court erred in refusing to order a separate trial on the felony murder charge; (3) his double jeopardy rights were violated when he was convicted, in a single trial, of both felony murder in violation of Code § 18.2-32 and the underlying felony; (4) the trial court erred in granting the Commonwealth’s Instruction No. 4 and denying his Instruction No. A on…