Diffendal v. Commonwealth

Opinion

BENTON, J.

Harry Albion Diffendal was convicted of “point [ing] or brandish [ing] [a] firearm ... in such manner as to reasonably induce fear in the mind of another.” Code § 18.2-282. Diffendal contends that the trial judge erred in (1) restricting voir dire of the jury venire and later refusing to grant a mistrial when a juror informed the judge that he was a retired state police officer, and (2) restricting the scope of his defense and refusing to instruct the jury as to his defense. We do not address the first issue because, for the reasons that follow, we hold that the trial judge…