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HUGHES v. COM.

Record No. 0372-03-3.

598 S.E.2d 743 (2004)

43 Va.App. 391

Richard Ruleman HUGHES, Jr., Shannon Wayne Hughes and Shawn William Hughes v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 6, 2004.

Attorney(s) appearing for the Case

David B. Hargett, Richmond (W. Todd Watson; Hargett & Watson, on brief), for appellant.

Deana A. Malek, Assistant Attorney General (Jerry W Kilgore, Attorney General, on brief), for appellee.

Present: FRANK and KELSEY, JJ., and OVERTON, S.J.

FRANK, Judge.

Richard Ruleman Hughes, Jr., Shawn William Hughes, and Shannon Wayne Hughes (collectively "appellants") were each convicted in a jury trial of three counts of malicious wounding by a mob, in violation of Code § 18.2-41, and one count of assault and battery by a mob, in violation of Code § 18.2-42. On appeal, appellants contend (1) the evidence was insufficient to prove they constituted a mob; (2) the trial court erred in not

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