Funderburk v. Commonwealth

Opinion

BAKER, J.

— Christopher Funderburk (appellant) appeals a judgment of the Circuit Court of the City of Chesapeake (trial court) which approved a jury verdict convicting him of second degree murder. He argues that the trial court erred in allowing the forensic serologist to testify for the Commonwealth concerning the statistical prevalence in the general population of persons possessing the victim’s blood characteristics.

On October 22, 1985, Hector Dones was involved in a fight with two males at a gas station in Chesapeake. During the fight, Dones suffered stab wounds and later died of…