Tomlinson v. Commonwealth

Opinion

DUFF, J.

Larry Neal Tomlinson appeals his jury conviction of shooting into the occupied dwelling of Ronald Burton Ferguson in violation of Code § 18.2-279. He was sentenced to ten years in the state penitentiary.

The issues presented on appeal are: (1) whether the trial court erred in refusing the defendant’s request for a continuance or mistrial when a defense witness appeared at trial under the influence of alcohol; (2) whether the trial court erred when it refused to exclude testimony that the defendant on the same night had shot into the home of Willis Wells, a charge of which he…