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State court of last resort · ST-VA-SC
Smith v. Commonwealth
No. 180198Supreme Court of Virginia
180198 Smith v. Commonwealth 12/13/2018 In a homicide prosecution of the defendant for the shooting death of her husband, the jury instructions were agreed upon by the parties and became the law of the case, b…
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180198 Smith v. Commonwealth 12/13/2018 In a homicide prosecution of the defendant for the shooting death of her husband, the jur…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 13, 2018
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180198 Smith v. Commonwealth 12/13/2018 In a homicide prosecution of the defendant for the shooting death of her husband, the jury instructions were agreed upon by the parties and became the law of the case, binding at trial and on appeal. By agreeing to the instructions as submitted, and filing to submit additional instructions on another theory, the defendant waived arguments challenging the instructions as given. On the sufficiency of the evidence, based upon the instructions as given in this case, the jury could reject defendant's claim that she did not aim at her husband, and could have found that the act of pulling the trigger was intentional. It could have inferred that defendant was…
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