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HALL v. COM.

Record No. 2328-08-3.

686 S.E.2d 554 (2009)

55 Va. App. 451

Antoine Lanier HALL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 22, 2009.

Attorney(s) appearing for the Case

DaRong Park (Jason S. Eisner; Office of the Public Defender, on brief), for appellant.

Alice T. Armstrong, Assistant Attorney General II (William C. Mims, Attorney General; Joanne V. Frye, Assistant Attorney General, on brief), for appellee.

Present: Judges McCLANAHAN, HALEY and BEALES.

JAMES W. HALEY, JR., Judge.

I. INTRODUCTION

Code § 18.2-478 reads in relevant part: "[I]f any person lawfully in the custody of any police officer ... escapes from such custody by force or violence, he shall be guilty...." Convicted of a violation of that statute, Antoine Lanier Hall maintains that he was not in custody and that the condition of custody is a condition precedent to escape from the same. Finding...

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