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State court of last resort · ST-VA-SC
Commonwealth v. Cary
No. 050395Supreme Court of Virginia
050395 Commonwealth v. Cary 01/13/2006 In a prosecution for first-degree murder and use of a firearm in that murder, the trial court erred in refusing to give a proffered instruction on self-defense where the …
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050395 Commonwealth v. Cary 01/13/2006 In a prosecution for first-degree murder and use of a firearm in that murder, the trial co…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jan 13, 2006
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050395 Commonwealth v. Cary 01/13/2006 In a prosecution for first-degree murder and use of a firearm in that murder, the trial court erred in refusing to give a proffered instruction on self-defense where the instruction was legally correct and, viewed in the light most favorable to the defendant as the proponent, there was sufficient evidence in the record to warrant giving the instruction. The Court of Appeals' judgment vacating the defendant's convictions and remanding the case for a new trial is affirmed, and as a result the other claims of error asserted by the Commonwealth on appeal are either rendered moot or are not considered.
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