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HARRELL v. COM.

Record No. 0541-88-1.

396 S.E.2d 680 (1990)

Robert Cecil HARRELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 4, 1990.

Attorney(s) appearing for the Case

Michael A. Robusto (Slipow & Robusto, P.C., on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BAKER and COLEMAN, JJ.

COLEMAN, Judge.

Robert Cecil Harrell was convicted in a bench trial for malicious assault and battery while acting as a member of a mob, in violation of Code § 18.2-41. He was sentenced to seven years in the penitentiary. He contends that the evidence was insufficient to prove that he and the people involved in the fray constituted a "mob" as defined in Code § 18.2-38, which requires that the group be "assembled for the purpose and with the intention of...

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