See also Clark v. Commonwealth, 90 Va. 360; 18 S.E. 441 (1893)(If the prisoner willfully inflicted upon the deceased a dangerous wound, one that was calculated to endanger and destroy a life, and death ensued therefrom within a year and a day, the prisoner is nonetheless responsible for the result although it may appear that the deceased might have recovered but for the aggravation of the wound by unskilled or improper treatment).
As previously stated, there is indeed a casual relation between the wounding and the death of any victim. Not to be crass, but surely the death of any victim constitutes a permanent and significant physical impairment.
In the instant matter, the only appropriate remedy to resolve this discrimination and comport with the Equal Protection Clause of the Fourteenth Amendment and the Constitution of Virginia, is to retroactively amend the statue on aggravated malicious wounding, Virginia Code Section 18.2-51.2.
It is for the aforementioned reasons that the Petitioner prays that a bill be presented to the Virginia General Assembly to amend Code Section 18.2-51.2, and that it be made retroactive.
Next in the series: Proposed Bill to the Virginia General Assembly.
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Contact me via snail mail:
David Bomber #1130793
Nottoway Correctional Center
P.O. Box 488
Burkeville, Va. 23922
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Categories: David Bomber