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CARTER v. COM.

Record No. 040939.

606 S.E.2d 839 (2005)

269 Va. 44

Michael Anthony CARTER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 14, 2005.

Attorney(s) appearing for the Case

Rhonda E. Quagliana (St. John, Bowling & Lawrence, on briefs), Charlottesville, for appellant.

Stephen R. McCullough, Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: All the Justices.

ELIZABETH B. LACY, Justice.

Michael Anthony Carter was convicted of assault on a police officer in violation of Code § 18.2-57(C). In this appeal, he challenges his conviction, asserting that an assault requires the present ability to inflict bodily injury and that no such ability existed in this case. We will affirm Carter's conviction because the applicable definition of assault does not require that an assailant have the actual ability to inflict bodily harm...

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