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COM. v. DUNCAN

Record No. 031036.

593 S.E.2d 210 (2004)

267 Va. 377

COMMONWEALTH of Virginia v. Carlton Wendell DUNCAN.

Supreme Court of Virginia.

March 5, 2004.

Attorney(s) appearing for the Case

Virginia B. Theisen, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellant.

LeeAnn N. Barnes, Hampton, for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, S.J.

KEENAN, Justice.

In this appeal, we consider whether the Court of Appeals erred in reversing a circuit court's holding that a defendant's acts and omissions in the care of his six-month-old son were "so gross, wanton and culpable as to show a reckless disregard for human life" under former Code § 18.2.-371.1.*

Carlton W. Duncan was indicted for the criminal abuse and neglect of his son, Carlton W. Duncan, II (Carlton), in...

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