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HERREL v. COM.

Record No. 2138-97-3.

507 S.E.2d 633 (1998)

28 Va. App. 579

Timothy HERREL, s/k/a Timothy Joseph Herrel v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 8, 1998.

Attorney(s) appearing for the Case

Michael C. Allen (Hairfield, Morton & Allen, PLC, on brief), Richmond, for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and COLEMAN and ELDER, JJ.

ELDER, Judge.

Timothy J. Herrel (appellant) appeals from his jury trial conviction for attempted marital sexual assault in violation of Code § 18.2-67.2:1. On appeal, he contends (1) his behavior did not constitute marital sexual assault under Code § 18.2-67.2:1 because a finger is not an "object" within the meaning of that code section, and (2) the evidence was insufficient to support his conviction because it...

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