Evans-Smith v. Commonwealth

Opinion

KOONTZ, C.J.

William Evans-Smith (appellant) was convicted in a jury trial of second degree murder in violation of Code § 18.2-32 and sentenced in accordance with the jury’s recommendation to five years incarceration. On appeal, he argues that: (1) the trial court erred in admitting testimony pursuant to the state-of-mind exception to the hearsay rule; (2) the trial court erred in failing to set aside the verdict due to extraneous evidence not admitted at trial which the jury considered in its deliberations; (3) the evidence was insufficient as a matter of law to support the conviction;…