Miller v. Commonwealth

Opinion

COLE, J.

Chris Reynard Miller was tried by jury and convicted of malicious wounding and use of a firearm in the commission of a felony in violation of Code §§ 18.2-51 and 18.2-53.1. On appeal, he contends that the trial court erred in refusing to instruct the jury on the lesser included offense of unlawful wounding. We agree and reverse the conviction.

On the morning of January 19, 1986, the victim purchased a package of heroin from Miller for $25. Later, the victim became angry when he realized that the amount of heroin in the package “wasn’t enough ... to use.” He approached Miller in…