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HALL v. COM.

Record No. 100160.

701 S.E.2d 68 (2010)

Antoine Lanier HALL v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 4, 2010.

Attorney(s) appearing for the Case

Jason E. Eisner , Assistant Public Defender ( DaRong Park , Assistant Public Defender, on brief), for appellant.

Alice T. Armstrong , Assistant Attorney General II ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and LACY, S.J.

Opinion by Justice CYNTHIA D. KINSER.

The defendant, Antoine Lanier Hall, was convicted in a bench trial in the Circuit Court for the City of Danville for escape "by force or violence" in violation of Code § 18.2-478. To be guilty of felonious escape from custody under that statute, the Commonwealth must prove beyond a reasonable doubt that "the accused was in the custody of the police officer, that the accused was charged with a criminal offense before he was...

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