Charles Nathaniel Ross v. Commonwealth of Virginia ( 1997 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Willis and Annunziata
Argued at Richmond, Virginia
CHARLES NATHANIEL ROSS
MEMORANDUM OPINION * BY
v. Record No. 0068-97-2 JUDGE JERE M. H. WILLIS, JR.
DECEMBER 23, 1997
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF BUCKINGHAM COUNTY
Timothy J. Hauler, Judge
Robert H. Gray, Jr., for appellant.
Marla Graff Decker, Assistant Attorney
General (Richard Cullen, Attorney General;
John K. Byrum, Jr., Assistant Attorney
General, on brief), for appellee.
1. Ross invokes proof that he knew the vehicle was occupied
only as an element of malice for purposes of the instruction on
murder. He acknowledges that such proof was not required to
prove manslaughter. Because Ross was not convicted of murder,
but was convicted of manslaughter, his contention that the murder
instruction was deficient is moot.
2. Because Ross did not present his double-jeopardy
contention to the trial court and did not preserve that
contention properly for appeal, we will not consider it. Rule
5A:18. The record in this case presents no reason for us to
invoke the ends of justice exception to the application of that
rule.
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
The judgment of the trial court is affirmed.
Affirmed.
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