Ball v. Commonwealth

Curtis Ball was tried by a jury on an indictment charging him with capital murder, under the provisions of Code § 18.2-31(d). The jury, in the bifurcated trial required by Code §§ 19.2-264.3 and -264.4, found Ball guilty as charged and fixed his punishment at imprisonment for life. By final order dated November 28, 1979, the trial court entered judgment on the verdict. On appeal, Ball contends that the trial court erred in denying him the opportunity to present to the jury his theory of the case by refusing to grant two of his proffered instructions.

The uncontradicted evidence shows that…