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ROWE v. COM.

Record No. 081173.

675 S.E.2d 161 (2009)

Jeffrey Wayne ROWE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 17, 2009.

Attorney(s) appearing for the Case

Jon M. Babineau (Saunders Barlow Riddick Babineau, on brief), for appellant.

Robert H. Anderson III, Senior Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen., on brief), for appellee.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the Court of Appeals erred in affirming the conviction of Jeffrey Wayne Rowe ("Rowe") for the crime of assault and battery1 of a law enforcement officer.

I. Facts and Proceedings Below

Officer Brian J. Fair ("Officer Fair") of the Virginia Beach Police Department was driving on Interstate 64 from work to his home in Chesapeake at approximately 1...

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