Foote v. Commonwealth

Opinion

COLE, J.

The appellant, Ira Terrell Foote, Jr., was convicted in a bench trial of attempted murder and use of a firearm in such attempt. Although the defendant has raised several issues on appeal, the issue whether his claim of self-defense was sufficient is dispositive of the case. Finding that the claim of self-defense was sufficient, we reverse the convictions.

Shortly after noon on April 13, 1988, Keith Dunagan, a Wythe County Deputy Sheriff, was eating lunch at his home when he observed a blue Toyota pickup truck drive past his house. The truck bore out-of-state tags and was driven…