Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statutory definition of the crime

QUESTION PRESENTED Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statutory definition of the crime. ii LIST OF ALL PROCEEDINGS Commonwealth v. Butia, No. 2016-1060, Fairfax Circuit Court. Judgment entered March 15, 2017. Commonwealth v. Butia, No. 0906-18-4, Virginia Court of Appeals. Judgment entered Feb. 27, 2019 and rehearing denied April 8, 2019. Commonwealth v. Butia, No. 190601, Supreme Court of Virginia. Judgment entered Oct. 15, 2019.