Opinion
Record No. 981146
February 26, 1999
Present: All the Justices.
For the reasons given in its opinion, the Court of Appeals properly upheld the judgment of circuit court refusing defendant's proffered jury instructions on "cooling off" "right to arm," and "relative strength and size" of the parties in a second degree murder prosecution. The judgment entered below is affirmed.
Appeal from the judgment of the Court of Appeals of Virginia.
Affirmed.
Roger D. Groot for appellant.
Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.
We awarded this appeal to review a judgment of the Court of Appeals of Virginia holding that the Circuit Court of Rockbridge County properly refused defendant's proffered Instruction L on "cooling off," Instruction O on "right to arm," and Instruction S on "relative strength and size" of the parties. Lynn v.Commonwealth, 27 Va. App. 336, 499 S.E.2d 1 (1998).
For the reasons stated on the above issues in the opinion of the Court of Appeals, we will affirm the judgment entered below.
Affirmed.