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CLINE v. COM.

Record No. 2563-07-3.

675 S.E.2d 223 (2009)

53 Va. App. 765

Nyal Lee CLINE, III v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 21, 2009.

Attorney(s) appearing for the Case

Wanda Phillips Yoder for appellant.

Leah A. Darron, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FRANK, McCLANAHAN and PETTY, JJ.

ELIZABETH A. McCLANAHAN, Judge.

Nyal Lee Cline, III, assaulted and battered a special agent with the Virginia Department of Alcoholic Beverage Control (ABC). A jury convicted Cline of felony assault and battery of a law-enforcement officer, in violation of Code § 18.2-57(C). On appeal, Cline argues that the ABC agent was not a law-enforcement officer as defined under subsection E of the statute and, he was, therefore, guilty of only simple assault and battery...

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