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ANTZES v. COM.

Record No. 0460-90-4.

409 S.E.2d 172 (1991)

James ANTZES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 24, 1991.

Attorney(s) appearing for the Case

Jane Arthur-Burkhart (James B. Slaughter, on brief), for appellant.

Julie Anne Stanley, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Jane D. Hickey, Sr. Asst. Atty. Gen., on brief) for appellee.

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

DUFF, Judge.

James Antzes challenges the trial court's adoption of a preponderance of evidence standard of proof for a commitment hearing under Code § 19.2-181(1) following his jury acquittal of a charge of malicious wounding. He contends the burden of proof on the Commonwealth is by clear and convincing evidence.1

The Commonwealth challenges this Court's jurisdiction to hear the appeal, contending: (1) the appeal is moot...

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