Wednesday, December 08, 2004

Invited error doctrine sinks criminal appeal based on error in instructions appellant tendered

In McBride v. Com., the Virginia Court of Appeals in an opinion by Judge Benton joined by Judges Bumgardner and Kelsey held that the appellant's argument on appeal was barred as invited error, where it was based on a legal mistake in the jury instructions which the trial court gave after they were tendered by appellant's counsel at trial.

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