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TURNER v. COMMONWEALTH OF VIRGINIA (59937)


TURNER v. COMMONWEALTH OF
VIRGINIA


In the Supreme Court of Virginia
Held at the Supreme Court Building in the City of Richmond
On Friday, the 14th day of November, 1997.

Record No. 962555
Court of Appeals No. 0986-94-3

Edwin Cecil Turner, Jr., Appellant,

against

Commonwealth of Virginia, Appellee.

Upon an appeal from a judgment rendered by the Court of
Appeals of Virginia on the 1st day of October, 1996.


Upon consideration of the record, the briefs, and argument of
counsel, the Court is of opinion that no error exists in the
judgment of the Court of Appeals of Virginia upholding a trial
court’s judgment confirming the verdict of a jury that found
Edwin Cecil Turner, Jr., "guilty of first degree murder and
fix[ed] his punishment at: imprisonment for life."

At trial, the Circuit Court of the City of Roanoke instructed
the jury on the definitions of first degree murder, second degree
murder, self defense, and irresistible impulse, but ruled that
the evidence was insufficient to support an instruction defining
voluntary manslaughter. The Court of Appeals reversed that
ruling, but held that the trial court’s error was harmless and
affirmed the conviction and the penalty imposed. Turner v.
Commonwealth
, 23 Va. App. 270, 476 S.E.2d 504 (1996). For the
reasons stated by the Court of Appeals, its judgment is affirmed.

Justice Koontz took no part in the consideration or
disposition of this appeal.

The defendant will pay to the Commonwealth thirty dollars in
damages.

It is ordered that the said circuit court allow counsel for
the appellant a fee of $725 for services rendered the appellant
on this appeal, in addition to counsel’s costs and necessary
direct out-of-pocket expenses.

The Commonwealth shall recover of the appellant the amount
paid court-appointed counsel to represent him in this proceeding,
counsel’s costs and necessary direct out-of-pocket expenses, and
the fees and costs to be assessed by the clerk of this Court and
the clerks of the courts below.

JUSTICE LACY and JUSTICE HASSELL, dissent.

This order shall be certified to the Court of Appeals of
Virginia and the Circuit Court of the City of Roanoke and shall
be published in the Virginia Reports.

A Copy,

Teste:

David B. Beach, Clerk
Costs due the Commonwealth
by appellant in the Supreme
Court of Virginia:

Attorney’s fee: $725.00 plus costs and expenses

Teste:

Clerk

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