Swan v. Commonwealth
Annotate this CaseAppellants Marcus Swan and D'Andre Owens were tried and convicted of multiple crimes related to a violent home invasion they carried out in 2008 in which they stole money and threatened to kill the home's inhabitants, two of whom they ultimately shot and one of whom they threatened to rape and sodomize. Appellants raised numerous issues on appeal, some in common and other independently. The Court (1) affirmed Swan's judgment of conviction and sentence in its entirety; and (2) affirmed in part and reversed in part Owens's judgment, although his overall sentence was unaffected, holding (i) the trial court erred in failing to give an instruction on second-degree assault as a lesser-included offense of first-degree assault, and therefore, Ownens's convictions for first-degree assault must be reversed; and (ii) the trial court erred in failing to grant a directed verdict on the charge of first-degree wanton endangerment of one of the victims, and thus this conviction was reversed.
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