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CLARK v. COM.

Record No. 2656-07-2.

676 S.E.2d 332 (2009)

54 Va. App. 120

Genev Denise CLARK, s/k/a Geneva Denise Clark v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 12, 2009.

Attorney(s) appearing for the Case

John W. Parsons, Independence, for appellant.

Benjamin H. Katz, Assistant Attorney General (William C. Mims, Acting Attorney General, on brief), for appellee.

Present: FELTON, C.J., ELDER, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.

UPON A REHEARING EN BANC.

ELDER, Judge.

Genev Denise Clark (appellant) appeals from her bench trial conviction for assault in violation of Code § 18.2-57. On appeal, she contends the evidence was insufficient to support her conviction because it failed to prove "an overt act or attempt to physically harm" the alleged victim. A panel of this Court agreed, holding by a vote of two to one that the evidence was insufficient to prove the necessary overt...

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