Weaver v. Commonwealth

WILLIS, Judge.

Michael Lee Weaver was convicted by a jury of attempted second degree murder. On appeal, he contends (1) that his prosecution by the Commonwealth was barred by Code § 19.2-294 due to his previous acquittal in federal court for a similar statutory offense, and (2) that prosecutorial misconduct barred his retrial for attempted murder. We disagree and affirm the judgment of the trial court.

I

On November 26, 1992, Weaver was charged with the November 25, 1992 malicious wounding of Charles Michael Hudson, in violation of Code § 18.2-51. Following his arrest, federal authorities…