James Edward Williams v. Commonwealth of Virginia

PETTY, Judge.

James Edward Williams was convicted of malicious wounding in violation of Code § 18.2-51. On appeal, Williams argues that the trial court erred in denying jury instructions for the lesser-included offense of unlawful wounding. We disagree and affirm Williams’s conviction.

I. Background

“When reviewing a trial court’s refusal to give a proffered jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.” Commonwealth v. Vaughn, 263 Va. 31, 33, 557 S.E.2d 220, 221 (2002). So viewed, the facts are as follows.

Williams testified that on…