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FERGUSON v. COM.

Record No. 0539-06-1.

658 S.E.2d 692 (2008)

51 Va. App. 427

Kenneth FERGUSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 8, 2008.

Attorney(s) appearing for the Case

Edward W. Webb, Public Defender (Office of the Public Defender, on brief), for appellant.

Virginia B. Theisen, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: Chief Judge FELTON, Judges ELDER, FRANK, HUMPHREYS, CLEMENTS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES and MILLETTE.

UPON A REHEARING EN BANC

ROBERT P. FRANK, Judge.

Following a bench trial, Kenneth Ferguson (appellant) was convicted of unlawful wounding in violation of Code § 18.2-51 and felony child neglect in violation of Code § 18.2-371.1(B). Appellant contends the trial court convicted him for malicious wounding on an indictment that charged unlawful wounding, and he requests a new trial for unlawful wounding. Appellant...

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