SAUNDERS v. COM.

Record No. 1929-98-2.

523 S.E.2d 509 (2000)

31 Va. App. 321

Eric Donnell SAUNDERS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 18, 2000.


Attorney(s) appearing for the Case

(Andrew E. Weaver; Traylor, Morris & Wornom, Emporia, on brief), for appellant. Appellant submitting on brief.

(Mark L. Earley, Attorney General; Eugene Murphy, Assistant Attorney General, on brief), for appellee. Appellee submitting on brief.

Present: FITZPATRICK, C.J., and COLEMAN and BRAY, JJ.


BRAY, Judge.

Eric Donnell Saunders (defendant) was convicted by a jury for "writ[ing] or compos[ing] and send[ing]" a letter to another "containing a threat to kill or do bodily injury" to such person, a violation of Code § 18.2-60(A). On appeal, he complains that the trial court erroneously refused to instruct the jury on the element of malice. We disagree and affirm the conviction.

Code § 18.2-60(A) provides, in pertinent part:

If any...

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