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HILL v. COM.

Record No. 1783-00-1.

553 S.E.2d 529 (2001)

37 Va. App. 1

John H. HILL, Jr., v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

October 16, 2001.

Attorney(s) appearing for the Case

Denise Winborne, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Jennifer R. Franklin, Assistant Attorney General (Randolph A. Beales, Acting Attorney General; Richard B. Smith, Senior Assistant Attorney General, on brief), for appellee.

Present: Judges BRAY, FRANK and HUMPHREYS.

Opinion by Judge ROBERT P. FRANK.

John H. Hill, Jr., (appellant) was convicted in a bench trial of assault and battery against a law enforcement officer, in violation of Code § 18.2-57(C).1 On appeal, he contends that because he used reasonable force to repel an illegal arrest, the trial court erred in convicting him of the offense. For the reasons stated herein, we reverse the conviction.

I. BACKGROUND

On July 9...

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