Cook v. Commonwealth

BRAY, Judge.

Arthur Lynn Cook (defendant) was convicted by jury of attempted second degree murder. Defendant contends on appeal that the “crime did not exist” because no attendant penalty was prescribed by statute. We agree and reverse the conviction.

On the date of the instant offense, August 10, 1993, Code § 18.2-32 defined “[a]ll murder[,] other than capital murder and murder in the first degree[,]” as “murder of the second degree,” “punishable by confinement ... for not less than five nor more than forty years” Id. (emphasis added). At that time, Code § 18.2-26 prescribed the several…