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02/13/2020 Because it is possible for a felony hit and run offense to have been committed with malice and for the resulting death to fall within the res gestae of that offense, felony hit and run may serve as a predicate offense for felony homicide. In this case, the evidence viewed in the light most favorable to the Commonwealth established that the defendant intentionally acted in a manner endangering the victim such that malice could be implied from her conduct and that his death was sufficiently related to the hit and run in time, place, and causal connection such that it was within the res gestae of the felony hit and run upon such facts.

In this case, the evidence viewed in the light most favorable to the Commonwealth established that the defendant intentionally acted in a manner endangering the victim such that malice could be implied from her conduct, and that his death was sufficiently related to the hit and run in time, place, and causal connection such that it was within the res gestae of the felony hit and run. Accordingly, the judgment of the Court of Appeals upholding the conviction for felony homicide is affirmed.

Source Document: http://www.courts.state.va.us/opinions/opnscvwp/1181228.pdf

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