Dalton v. Commonwealth

I dissent because the trial judge correctly refused to grant an instruction based upon the appellant being an accessory after the fact. The instruction was neither grounded upon the charged offense of first degree murder, a lesser-included offense to first degree murder, nor upon any offense substantially charged as provided in Rule 3A:17(c).

The facts necessary to determine the issue on appeal are not in dispute. Aubrey Adkins was murdered. Appellant was indicted and convicted of first degree murder.4 Although the Commonwealth presented sufficient and credible evidence to the contrary,…