Hall v. Commonwealth

Opinion of the Court By

Chief Justice MINTON.

Douglas Hall appeals as a matter of right1 from a judgment convicting him of second-degree manslaughter, first-degree assault, first-degree burglary, and first-degree robbery and sentencing him to an aggregate term of forty-five years’ imprisonment. He raises several issues on appeal.

Rejecting Hall’s argument for a strict same-elements test for determining the appropriateness of instructing on lesser-included offenses, we approve the trial court’s reliance on Perry v. Commonwealth2 as authority for instructing the jury on first-degree assault as a…