Wolfe v. Commonwealth

Opinion

KOONTZ, C.J.

— Robert Lee Wolfe was indicted and tried for murder and use of a firearm during the commission of murder. The jury found Wolfe guilty of the lesser included offense of voluntary manslaughter and use of a firearm in the commission of murder, in violation of Code § 18.2-53.1. In this appeal we decide (1) whether Wolfe’s failure to file a trial transcript or statement of facts mandates that his appeal be dismissed, and (2) whether on the record before us Wolfe’s conviction for use of a firearm in the commission of murder is barred by the jury’s determination that he was…