Waters v. Commonwealth

600 S.E.2d 918 (2004)

43 Va.App. 636

Tyrone L. WATERS

v.

COMMONWEALTH of Virginia.

Record No. 1893-03-1.

Court of Appeals of Virginia, Chesapeake.

August 24, 2004.

Andrew G. Wiggin, Virginia Beach, for appellant.

Michael T. Judge, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and FRANK, JJ.

FRANK, Judge.

Tyrone L. Waters (appellant) was convicted after a jury trial of malicious wounding while part of a mob, in violation of Code § 18.2-41.[1] On appeal, he contends the trial court erred in (1) denying his motion, based on the principle of…