COLEMAN, Judge.
Melvin H. Fitzgerald was convicted following a jury trial of object sexual penetration in violation of Code § 18.2-67.2. The trial court granted Fitzgerald's motion to set aside the jury's verdict, but over Fitzgerald's objection, the trial judge found him guilty of assault and battery in violation of Code § 18.2-57. The sole issue on appeal is whether the trial judge, after granting the defendant's motion to set aside the verdict based on...
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