Trial Court Must Correct Confusing Instruction

By Deborah Elkins
Published: August 4, 2011

Tags: Criminal, Judge Cleo E. Powell, Virginia Court of Appeals

The Court of Appeals reverses defendant’s conviction for misdemeanor failure to pay wages in violation of Va. Code § 40.1-29 (E) because the trial court failed to instruct the jury on the requisite “intent to defraud” after rejecting defendant’s proffered instruction as confusing; the trial court’s rulings on jurisdiction and admissible evidence are affirmed. ...

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