ROSS v. COMMONWEALTH OF
DECEMBER 23, 1997
Record No. 0068-97-2
CHARLES NATHANIEL ROSS
COMMONWEALTH OF VIRGINIA
BY JUDGE JERE M. H. WILLIS, JR.
FROM THE CIRCUIT COURT OF BUCKINGHAM COUNTY
Timothy J. Hauler, Judge
Present: Judges Benton, Willis and Annunziata
Argued at Richmond, Virginia
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.
The judgment of the trial court is affirmed.
 Pursuant to Code ? 17-116.010 this
opinion is not designated for publication.