David v. Commonwealth

Opinion

BAKER, J.

Michael Keith David (appellant) appeals from his bench trial conviction in the Circuit Court of the City of Portsmouth for the unlawful wounding of Ricky Speller (victim).

The indictment which led to appellant’s conviction contained two counts. The first charged that appellant “did maliciously cause bodily injury to Ricky Speller with intent to maim, disfigure, disable and kill.” The second charged that appellant “did use and attempt to use and display a firearm in a threatening manner while committing malicious wounding.”

The appellee (Commonwealth) presented only the testimony…