Guss v. Commonwealth

The defendant, Lloyd Alfred Guss, was convicted by a jury of robbery 1 and sentenced in accordance with the verdict to five years confinement in the State penitentiary.

Defendant’s sole contention is that the trial court erred in refusing an instruction on the offense of assault and battery.

The uncontradicted evidence shows that on the afternoon of December 3, 1974, defendant and David W. Lang, Joseph Shiflett and his brother, Junior Shiflett, were riding around Culpeper County in a truck or van owned by defendant. After several stops to purchase whiskey and cigarettes, Lang asked Joseph…