Helmick v. Commonwealth

FITZPATRICK, Chief Judge.

Derrick Edward Helmick (appellant) appeals his conviction by a jury of first degree murder in violation of Code § 18.2-32. On appeal, he contends the trial court erred in failing to (1) declare a mistrial to allow his counsel to withdraw and testify on his behalf, (2) exclude testimony from a witness of appellant’s harassment of that witness, (3) instruct the jury on assault and battery, and (4) instruct the jury on accident as a defense. Finding no error, we affirm.

I. BACKGROUND

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