Robert Rayfield Jones v. Commonweatlh

COURT OF APPEALS OF VIRGINIA
Present: Judges Baker, Benton and Bray
Argued at Richmond, Virginia
ROBERT RAYFIELD JONES
MEMORANDUM OPINION *
v. Record No. 1142-96-2 PER CURIAM
JUNE 17, 1997
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
James B. Wilkinson, Judge
Patricia P. Nagel, Assistant Public Defender
(David J. Johnson, Public Defender, on
brief), for appellant.
Ruth Ann Morken, Assistant Attorney General
(James S. Gilmore, III, Attorney General, on
brief), for appellee.
This appeal raises the issue whether the trial judge erred
in refusing to give to the jury the proffered instruction on
parole. For the reasons more particularly stated in Mosby v.
Commonwealth, 24 Va. App. 284, 482 S.E.2d 72 (1997), we affirm
the trial judge's refusal to give the instruction.
Affirmed.
Benton, J., dissenting.
For the reasons stated in my dissenting opinion in Walker v.
Commonwealth, ___ Va. App. ___, ___, ___ S.E.2d ___, ___ (1997),
(Benton, J., dissenting), I would reverse the ruling and remand
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
for a new trial.
- 2 -