Caudill v. Commonwealth

COLEMAN, Judge.

Bolivar Caudill appeals his jury trial conviction for malicious wounding in violation of Code § 18.2-51. He contends the trial court erred when it: (1) refused to instruct the jury on the “heat of passion” defense, and (2) excluded from the jury’s consideration during the sentencing phase evidence regarding the impact of appellant’s incarceration upon his family. Finding no error, we affirm the conviction.

I. BACKGROUND

At a social gathering hosted by Sharon George Peak, Peak’s four-year-old daughter accidentally knocked an ashtray into appellant’s lap. Appellant “jumped up and…