Robertson v. Commonwealth
In Robertson v. Commonwealth, 31 Va. App. 814, 823-24, 525 S.E.2d 640, 645 (2000), the Court affirmed the conviction for malicious wounding where the defendant, after unlawfully entering his ex-girlfriend's house in the early morning hours, dragged her paramour out of bed and repeatedly beat him with an object.
The Court stated:
"We are aware of no case allowing an aggressor to assert a claim of heat of passion for assaulting someone engaged in a sexual encounter with a former girlfriend or someone other than a spouse." Id.