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HARBAUGH v. COMMONWEALTH

167 S.E.2d 329 (1969)

209 Va. 695

Charles H. HARBAUGH, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

Rehearing Denied June 18, 1969.

Attorney(s) appearing for the Case

John F. Anderson, Winchester, (Largent, Anderson & Larrick, Winchester, on brief), for plaintiff in error.

W. Luke Witt, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., M. Harris Parker, Asst. Atty. Gen. on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.

EGGLESTON, Chief Justice.

Charles H. Harbaugh, Jr., charged in a warrant with unlawful assault and battery upon Charles William McDonaldson, III, was convicted in the County Court and appealed, to the Circuit Court where he was tried by a jury. The jury found him guilty as charged in the warrant and fixed his punishment at a sentence of three months in jail and a fine of $250. The trial court entered judgment on the verdict and the defendant has appealed. The principal...

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