BOLTON v. COM.

Record No. 2306-00-1.

550 S.E.2d 342 (2001)

36 Va. App. 358

David Lynn BOLTON, Jr., v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 7, 2001.


Attorney(s) appearing for the Case

Cal T. Bain, Senior Assistant Public Defender, (Office of the Public Defender, on brief), for appellant.

Thomas M. McKenna, Assistant Attorney General, (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, WILLIS and BUMGARDNER, JJ.


BENTON, Judge.

The sole question raised by this appeal is whether the evidence was sufficient to prove beyond a reasonable doubt that David Lynn Bolton, Jr. released a noxious gas, which injured a person, in violation of Code § 18.2-312. We hold that it was, and we affirm the conviction.

I.

The evidence proved that an employee of a retail store saw Bolton and another man select several items in the store's electronic department and put them...

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