Andre Tyree Battle v. Commonwealth

BENTON, Judge.

A jury convicted Andre Tyree Battle of second degree murder but acquitted him of use of a firearm in the commission of a felony. Battle contends that the conviction should be reversed because the trial judge erroneously admitted evidence of a shooting incident that involved Battle and the victim two nights before the killing. We affirm the conviction.

I

Battle was indicted on charges of first degree murder of Otis Patillo and use of a firearm in the commission of murder. Before trial, the Commonwealth filed a motion in limine seeking the judge’s ruling on the admissibility of…