Stein v. Commonwealth

Opinion

WILLIS, J.

Daniel D. Stein was convicted in a jury trial of attempting to extort money or pecuniary benefit in violation of Code § 18.2-59. On appeal, he contends that the trial court erred (1) in denying his motion to set aside the jury verdict and to dismiss the indictment against him on the ground that Code § 18.2-59 is unconstitutional, either on its face or as applied to him, (2) in denying his motion to strike the Commonwealth’s evidence on the ground of insufficiency of the evidence, (3) in granting jury instruction No. 1, (4) in failing to instruct the jury on a “claim of right”…