King v. Commonwealth

In this appeal, we consider whether the Court of Appeals of Virginia properly determined that the defendant’s failure to object to a subsequent jury instruction operated as a waiver of the issue of an alleged fatal variance between the charge in the indictment and the evidence at trial previously raised by the defendant’s motion to strike the evidence. For the reasons that follow, we conclude that the Court of Appeals erred in holding that the defendant waived that issue for purposes of appeal.

BACKGROUND

Under familiar principles of appellate review, we examine the evidence in the light most…