instruction is reversible error in Virginia

2025“If any credible evidence in the record supports a proffered instruction . . . failure to give the instruction is reversible error.” Id. (quoting Boone, 14 Va. App. at 132 ).

2025“If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.” Brandau, 16 Va. App. at 411 (quoting Boone v. Commonwealth, 14 Va. App. 130, 132 (1992)).

2025A. Assault and Battery Instruction “[W]hen [a] proposed jury instruction touches upon a lesser-included offense and there is any credible evidence in the record to support the instruction, ‘failure to give the instruction is reversible error.’” Williams v. Commonwealth, 64 Va. App. 240, 247 (2015) (quoting Brandau v. Commonwealth, 16 Va. App. 408, 412 (1993)).

2025“If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.” Brandau, 16 Va. App. at 411 (quoting Boone v. Commonwealth, 14 Va. App. 130, 132 (1992)).

1999“If any credible evidence in the record supports a proffered instruction ..., failure to give the instruction is reversible error.” Boone v. Commonwealth, 14 Va.App. 130, 132 , 415 S.E.2d 250, 251 (1992); see also Delacruz v. Commonwealth, 11 Va.App. 335, 338 , 398 S.E.2d 103, 105 (1990) (refusing to grant an instruction 's reversible error where there is evidence in the record supporting defendant’s theory of defense).

1999“If any credible evidence in the record supports a proffered instruction ..., failure to give the instruction is reversible error.” Boone v. Commonwealth, 14 Va.App. 130, 132 , 415 S.E.2d 250, 251 (1992); see also Delacruz v. Commonwealth, 11 Va.App. 335, 338 , 398 S.E.2d 103, 105 (1990) (refusing to grant an instruction 's reversible error where there is evidence in the record supporting defendant’s theory of defense).

2001Frye v. Commonwealth, 231 Va. 370, 388 , 345 S.E.2d 267, 280 (1986). “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be supported by more than a mere scintilla of evidence.’ ” Brandau v. Commonwealth, 16 Va.App. 408, 411 , 430 S.E.2d 563, 564 (1993) (citations o

2001Frye v. Commonwealth, 231 Va. 370, 388 , 345 S.E.2d 267, 280 (1986). “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be supported by more than a mere scintilla of evidence.’ ” Brandau v. Commonwealth, 16 Va.App. 408, 411 , 430 S.E.2d 563, 564 (1993) (citations o

1994Boone, 14 Va. App. at 132 , 415 S.E.2d at 251 ; see also McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975).

1994Boone, 14 Va. App. at 132 , 415 S.E.2d at 251 ; see also McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975).

2025“Conversely, ‘[i]f the evidence is sufficient to support “a conviction of the crime charged, and there is no independent evidence warranting a conviction [of the lesser-included offense], an instruction on the lesser-included offense need not be given.”’” Id. (alterations in original) (quoting Commonwealth v. Vaughn, 263 Va. 31, 36 (2002)).

2015Conversely, “[i]f the evidence is sufficient to support ‘a conviction of the crime charged, and there is no independent evidence warranting a conviction [of the lesser-included offense], an instruction on the lesser-included offense need not be given.’ ” Vaughn, 263 Va. at 36 , 557 S.E.2d at 222-23 (second alteration in original) (emphasis added) (quoting Guss v. Commonwealth, 217 Va. 13, 14 , 225 S.E.2d 196, 197 (1976)).

2001Goodson v. Commonwealth, 22 Va.App. 61, 78 , 467 S.E.2d 848, 857 (1996).

2001Goodson v. Commonwealth, 22 Va.App. 61, 78 , 467 S.E.2d 848, 857 (1996).

1998See also Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).

1998See also Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).

1992McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975); Taylor v. Commonwealth, 186 Va. 587, 591 , 43 S.E.2d 906, 908 (1946); Taylor v. Commonwealth, 11 Va. App. 649, 651 , 400 S.E.2d 794, 795 (1991); Bellfield v. Commonwealth, 11 Va. App. 310, 313 , 398 S.E.2d 90, 93 (1990); Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).

1992McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975); Taylor v. Commonwealth, 186 Va. 587, 591 , 43 S.E.2d 906, 908 (1946); Taylor v. Commonwealth, 11 Va. App. 649, 651 , 400 S.E.2d 794, 795 (1991); Bellfield v. Commonwealth, 11 Va. App. 310, 313 , 398 S.E.2d 90, 93 (1990); Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).

2025A. Assault and Battery Instruction “[W]hen [a] proposed jury instruction touches upon a lesser-included offense and there is any credible evidence in the record to support the instruction, ‘failure to give the instruction is reversible error.’” Williams v. Commonwealth, 64 Va. App. 240, 247 (2015) (quoting Brandau v. Commonwealth, 16 Va. App. 408, 412 (1993)).

2015“When the proposed jury instruction touches upon a lesser included offense and there is any credible evidence in the record to support the instruction,” however, “failure to give the instruction is reversible error.” Williams, 64 Va.App. at 247 , 767 S.E.2d at 256 (quoting Brandau, 16 Va.App. at 412 , 430 S.E.2d at 565 ).

2000"The standard governing our review of a trial judge's decision to refuse a proffered jury instruction is well-settled. 'If any credible evidence in the record supports a proffered instruction . . . , failure to give the instruction is reversible error.'" Hartigan v. Commonwealth, 31 Va. App. 243, 257 , 522 S.E.2d 406, 412 (1999) (quoting Boone v. Commonwealth, 14 Va. App. 130, 132 , 415 S.E.2d 250, 251 (1992)).

2000"The standard governing our review of a trial judge's decision to refuse a proffered jury instruction is well-settled. 'If any credible evidence in the record supports a proffered instruction . . . , failure to give the instruction is reversible error.'" Hartigan v. Commonwealth, 31 Va. App. 243, 257 , 522 S.E.2d 406, 412 (1999) (quoting Boone v. Commonwealth, 14 Va. App. 130, 132 , 415 S.E.2d 250, 251 (1992)).

2025“If any credible evidence in the record supports a proffered instruction . . . failure to give the instruction is reversible error.” Brown v. Commonwealth, 68 Va. App. 746, 790 (2018) (alteration in original) (quoting Boone v. Commonwealth, 14 Va. App. 130, 132 (1992)).

2025In Virginia, “[v]oluntary manslaughter is the unlawful killing of another, ‘committed in the course of a sudden quarrel, or mutual combat, or upon a sudden provocation, and without any previous grudge, and the killing is from the sudden heat of passion growing solely out of the quarrel, or combat, or provocation.’” Dandridge, 72 Va. App. at 681-82 (alteration in original) (quoting Woods v. Commonwealth, 66 Va. App. 123, 131 (2016)). “[I]n other words, a voluntary manslaughter is an intentional killing, but the intent to kill was generated by passion/provocation rather than by an evil dispositi

2025And, accordingly, if the “evidence tends to sustain both the prosecution’s and the defense’s theory of the case, the trial judge is required to give requested instructions covering both theories.” Diffendal v. Commonwealth, 8 Va. App. 417, 422 (1989).

2018“If any credible evidence in the record supports a proffered instruction . . . failure to give the instruction is reversible error.” Id. at 132 , 415 S.E.2d at 251 ; see also Foster v. Commonwealth, 13 Va. App. 380, 383 , 412 S.E.2d 198 , 200 - 33 - (1991) (“[A] trial judge may not refuse to grant a proper, proffered instruction if evidence in the record supports the defendant’s theory of defense.”). 2.

2018“If any credible evidence in the record supports a proffered instruction . . . failure to give the instruction is reversible error.” Id. at 132 , 415 S.E.2d at 251 ; see also Foster v. Commonwealth, 13 Va. App. 380, 383 , 412 S.E.2d 198 , 200 - 33 - (1991) (“[A] trial judge may not refuse to grant a proper, proffered instruction if evidence in the record supports the defendant’s theory of defense.”). 2.

2015Conversely, “[i]f the evidence is sufficient to support ‘a conviction of the crime charged, and there is no independent evidence warranting a conviction [of the lesser-included offense], an instruction on the lesser-included offense need not be given.’ ” Vaughn, 263 Va. at 36 , 557 S.E.2d at 222-23 (second alteration in original) (emphasis added) (quoting Guss v. Commonwealth, 217 Va. 13, 14 , 225 S.E.2d 196, 197 (1976)).

2015Conversely, “[i]f the evidence is sufficient to support ‘a conviction of the crime charged, and there is no independent evidence warranting a conviction [of the lesser-included offense], an instruction on the lesser-included offense need not be given.’ ” Vaughn, 263 Va. at 36 , 557 S.E.2d at 222-23 (second alteration in original) (emphasis added) (quoting Guss v. Commonwealth, 217 Va. 13, 14 , 225 S.E.2d 196, 197 (1976)).

2013However, “an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based, for the reason that the tendency of such instruction is to mislead the jury by withdrawing their attention from the legitimate points involved in the issue.” Wagner v. Fiery, 206 Va. 370, 373-74 , 143 S.E.2d 876, 879 (1965).

2013However, “an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based, for the reason that the tendency of such instruction is to mislead the jury by withdrawing their attention from the legitimate points involved in the issue.” Wagner v. Fiery, 206 Va. 370, 373-74 , 143 S.E.2d 876, 879 (1965).

2001Thus, "'[a] defendant is entitled to have the jury instructed only on those theories of the case that are supported by the evidence.'" Connell v. Commonwealth, 34 Va. App. 429, 436 , 542 S.E.2d 49, 52 (2001) (citation - 6 - omitted) (emphasis added); see Stewart v. Commonwealth, 10 Va. App. 563, 570 , 394 S.E.2d 509, 513 (1990) (accused not entitled to lesser-included offense instruction inconsistent with theory of defense); see also Delacruz v. Commonwealth, 11 Va. App. 335, 338 , 398 S.E.2d 103, 105 (1990) (court must instruct on "defendant's theory of defense," if supported by the evidence)

2001Thus, "'[a] defendant is entitled to have the jury instructed only on those theories of the case that are supported by the evidence.'" Connell v. Commonwealth, 34 Va. App. 429, 436 , 542 S.E.2d 49, 52 (2001) (citation - 6 - omitted) (emphasis added); see Stewart v. Commonwealth, 10 Va. App. 563, 570 , 394 S.E.2d 509, 513 (1990) (accused not entitled to lesser-included offense instruction inconsistent with theory of defense); see also Delacruz v. Commonwealth, 11 Va. App. 335, 338 , 398 S.E.2d 103, 105 (1990) (court must instruct on "defendant's theory of defense," if supported by the evidence)

2001See Brown v. Commonwealth, 222 Va. 111, 116 , 279 S.E.2d 142, 145 (1981). “ ‘If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be supported by more than a mere scintilla of evidence.’ ” Brandau, v. Commonwealth, 16 Va.App. 408, 411 , 430 S.E.2d 563, 564 (1993) (quoting Boone, 14 Va.App. at 132 , 415 S.E.2d at 251 ). “[T]he weight of the credible evidence that will amount to more than a mere scintilla of evidence is a matter to be resolved on a case-by-ca

2001See Brown v. Commonwealth, 222 Va. 111, 116 , 279 S.E.2d 142, 145 (1981). “ ‘If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be supported by more than a mere scintilla of evidence.’ ” Brandau, v. Commonwealth, 16 Va.App. 408, 411 , 430 S.E.2d 563, 564 (1993) (quoting Boone, 14 Va.App. at 132 , 415 S.E.2d at 251 ). “[T]he weight of the credible evidence that will amount to more than a mere scintilla of evidence is a matter to be resolved on a case-by-ca

2001Thus, "'[a] defendant is entitled to have the jury instructed only on those theories of the case that are supported by the evidence.'" Connell v. Commonwealth, 34 Va. App. 429, 436 , 542 S.E.2d 49, 52 (2001) (citation - 6 - omitted) (emphasis added); see Stewart v. Commonwealth, 10 Va. App. 563, 570 , 394 S.E.2d 509, 513 (1990) (accused not entitled to lesser-included offense instruction inconsistent with theory of defense); see also Delacruz v. Commonwealth, 11 Va. App. 335, 338 , 398 S.E.2d 103, 105 (1990) (court must instruct on "defendant's theory of defense," if supported by the evidence)

2001Thus, "'[a] defendant is entitled to have the jury instructed only on those theories of the case that are supported by the evidence.'" Connell v. Commonwealth, 34 Va. App. 429, 436 , 542 S.E.2d 49, 52 (2001) (citation - 6 - omitted) (emphasis added); see Stewart v. Commonwealth, 10 Va. App. 563, 570 , 394 S.E.2d 509, 513 (1990) (accused not entitled to lesser-included offense instruction inconsistent with theory of defense); see also Delacruz v. Commonwealth, 11 Va. App. 335, 338 , 398 S.E.2d 103, 105 (1990) (court must instruct on "defendant's theory of defense," if supported by the evidence)

2001Frye v. Commonwealth, 231 Va. 370, 388 , 345 S.E.2d 267, 280 (1986). “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be supported by more than a mere scintilla of evidence.’ ” Brandau v. Commonwealth, 16 Va.App. 408, 411 , 430 S.E.2d 563, 564 (1993) (citations o

2001Frye v. Commonwealth, 231 Va. 370, 388 , 345 S.E.2d 267, 280 (1986). “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be supported by more than a mere scintilla of evidence.’ ” Brandau v. Commonwealth, 16 Va.App. 408, 411 , 430 S.E.2d 563, 564 (1993) (citations o

2001The evidence to support an instruction "must be more than a scintilla." LeVasseur, 225 Va. at 590, 304 S.E.2d at 658; Hatcher v. Commonwealth, 218 Va. 811, 814 , 241 S.E.2d 756, 758 (1978). *53 Frye v. Commonwealth, 231 Va. 370, 388 , 345 S.E.2d 267, 280 (1986). "[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence." Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). "`If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is revers

2001The evidence to support an instruction "must be more than a scintilla." LeVasseur, 225 Va. at 590, 304 S.E.2d at 658; Hatcher v. Commonwealth, 218 Va. 811, 814 , 241 S.E.2d 756, 758 (1978). *53 Frye v. Commonwealth, 231 Va. 370, 388 , 345 S.E.2d 267, 280 (1986). "[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence." Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). "`If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is revers

2000"Although the Commonwealth prevailed at trial, the appropriate standard for review requires that we view the evidence with respect to the refused instruction in the light most favorable to the defendant." Graham v. Commonwealth, 31 Va. App. 662, 680 , 525 S.E.2d 567, 575 (2000) (quoting Boone, 14 Va. App. at 131 , 415 S.E.2d at 251 ). "[W]hen a person voluntarily becomes so intoxicated that he is incapable of deliberation or premeditation, he cannot commit a class of murder that requires proof of a deliberate and premeditated killing." Wright v. Commonwealth, 234 Va. 627 , - 2 - 629, 363 S.E.2

2000"Although the Commonwealth prevailed at trial, the appropriate standard for review requires that we view the evidence with respect to the refused instruction in the light most favorable to the defendant." Graham v. Commonwealth, 31 Va. App. 662, 680 , 525 S.E.2d 567, 575 (2000) (quoting Boone, 14 Va. App. at 131 , 415 S.E.2d at 251 ). "[W]hen a person voluntarily becomes so intoxicated that he is incapable of deliberation or premeditation, he cannot commit a class of murder that requires proof of a deliberate and premeditated killing." Wright v. Commonwealth, 234 Va. 627 , - 2 - 629, 363 S.E.2

2000"Although the Commonwealth prevailed at trial, the appropriate standard for review requires that we view the evidence with respect to the refused instruction in the light most favorable to the defendant." Graham v. Commonwealth, 31 Va. App. 662, 680 , 525 S.E.2d 567, 575 (2000) (quoting Boone, 14 Va. App. at 131 , 415 S.E.2d at 251 ). "[W]hen a person voluntarily becomes so intoxicated that he is incapable of deliberation or premeditation, he cannot commit a class of murder that requires proof of a deliberate and premeditated killing." Wright v. Commonwealth, 234 Va. 627 , - 2 - 629, 363 S.E.2

2000"Although the Commonwealth prevailed at trial, the appropriate standard for review requires that we view the evidence with respect to the refused instruction in the light most favorable to the defendant." Graham v. Commonwealth, 31 Va. App. 662, 680 , 525 S.E.2d 567, 575 (2000) (quoting Boone, 14 Va. App. at 131 , 415 S.E.2d at 251 ). "[W]hen a person voluntarily becomes so intoxicated that he is incapable of deliberation or premeditation, he cannot commit a class of murder that requires proof of a deliberate and premeditated killing." Wright v. Commonwealth, 234 Va. 627 , - 2 - 629, 363 S.E.2

1999However, that credible evidence must amount to "more than a mere scintilla." Id. "'Entrapment is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer.'" Stamper v. Commonwealth, 228 Va. 707, 715 , 324 S.E.2d 682, 687 (1985) (quoting Falden v. Commonwealth, 167 Va. 549, 555-56 , 189 S.E. 329, 332 (1937)).

1999However, that credible evidence must amount to "more than a mere scintilla." Id. "'Entrapment is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer.'" Stamper v. Commonwealth, 228 Va. 707, 715 , 324 S.E.2d 682, 687 (1985) (quoting Falden v. Commonwealth, 167 Va. 549, 555-56 , 189 S.E. 329, 332 (1937)).

1999In Neighbors v. Commonwealth, 214 Va. 18, 19 , 197 S.E.2d 207, 208 (1973), the Court stated that in reviewing a refused entrapment instruction, the Court views the evidence "in the light most favorable to the theory of entrapment." "If any credible evidence in the record - 10 - supports a proffered [jury] instruction . . . , failure to give the instruction is reversible error." Boone, 14 Va. App. at 132 , 415 S.E.2d at 251 .

1999In Neighbors v. Commonwealth, 214 Va. 18, 19 , 197 S.E.2d 207, 208 (1973), the Court stated that in reviewing a refused entrapment instruction, the Court views the evidence "in the light most favorable to the theory of entrapment." "If any credible evidence in the record - 10 - supports a proffered [jury] instruction . . . , failure to give the instruction is reversible error." Boone, 14 Va. App. at 132 , 415 S.E.2d at 251 .

1999However, that credible evidence must amount to "more than a mere scintilla." Id. "'Entrapment is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer.'" Stamper v. Commonwealth, 228 Va. 707, 715 , 324 S.E.2d 682, 687 (1985) (quoting Falden v. Commonwealth, 167 Va. 549, 555-56 , 189 S.E. 329, 332 (1937)).

1999However, that credible evidence must amount to "more than a mere scintilla." Id. "'Entrapment is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer.'" Stamper v. Commonwealth, 228 Va. 707, 715 , 324 S.E.2d 682, 687 (1985) (quoting Falden v. Commonwealth, 167 Va. 549, 555-56 , 189 S.E. 329, 332 (1937)).

1998"If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error." "Such an instruction, however, must be supported by more than a mere scintilla of evidence." Brandau v. Commonwealth, 16 Va. App. 408, 411 , 430 S.E.2d 563, 564 (1993) (citations omitted). "'[T]he weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis' by assessing the evidence in 'support of a proposition' against the 'other - 3 - credible evidence that negat

1998"If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error." "Such an instruction, however, must be supported by more than a mere scintilla of evidence." Brandau v. Commonwealth, 16 Va. App. 408, 411 , 430 S.E.2d 563, 564 (1993) (citations omitted). "'[T]he weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis' by assessing the evidence in 'support of a proposition' against the 'other - 3 - credible evidence that negat

1992McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975); Taylor v. Commonwealth, 186 Va. 587, 591 , 43 S.E.2d 906, 908 (1946); Taylor v. Commonwealth, 11 Va. App. 649, 651 , 400 S.E.2d 794, 795 (1991); Bellfield v. Commonwealth, 11 Va. App. 310, 313 , 398 S.E.2d 90, 93 (1990); Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).

1992McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975); Taylor v. Commonwealth, 186 Va. 587, 591 , 43 S.E.2d 906, 908 (1946); Taylor v. Commonwealth, 11 Va. App. 649, 651 , 400 S.E.2d 794, 795 (1991); Bellfield v. Commonwealth, 11 Va. App. 310, 313 , 398 S.E.2d 90, 93 (1990); Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).

1992McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975); Taylor v. Commonwealth, 186 Va. 587, 591 , 43 S.E.2d 906, 908 (1946); Taylor v. Commonwealth, 11 Va. App. 649, 651 , 400 S.E.2d 794, 795 (1991); Bellfield v. Commonwealth, 11 Va. App. 310, 313 , 398 S.E.2d 90, 93 (1990); Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).

1992McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975); Taylor v. Commonwealth, 186 Va. 587, 591 , 43 S.E.2d 906, 908 (1946); Taylor v. Commonwealth, 11 Va. App. 649, 651 , 400 S.E.2d 794, 795 (1991); Bellfield v. Commonwealth, 11 Va. App. 310, 313 , 398 S.E.2d 90, 93 (1990); Miller v. Commonwealth, 5 Va. App. 22, 24 , 359 S.E.2d 841, 842 (1987).