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KING v. COM.

Record No. 2578-00-2.

578 S.E.2d 803 (2003)

40 Va. App. 193

Frank Clifton KING, Jr., v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 11, 2003.

Attorney(s) appearing for the Case

Gregory W. Franklin, Assistant Public Defender, for appellant.

Susan M. Harris, Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BUMGARDNER and HUMPHREYS, JJ.

FITZPATRICK, Judge.

Frank Clifton King, Jr. (appellant) was convicted in a jury trial of maliciously shooting within an occupied dwelling, in violation of Code § 18.2-279.1 The sole issue on appeal is whether the Commonwealth proved the allegation in the indictment that appellant shot at or threw a missile at or against an occupied dwelling. For the following reasons, we affirm appellant's conviction.

I.

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