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KELLEY v. COMMONWEALTH

Record No. 1063-17-4.

822 S.E.2d 375 (2019)

69 Va.App. 617

Donald Matthew KELLEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Fredericksburg.

January 8, 2019.

Attorney(s) appearing for the Case

Buta Biberaj (Biberaj Snow & Sinclair, PC, on brief), for appellant.1

Craig W. Stallard , Assistant Attorney General, ( Mark R. Herring , Attorney General; Elizabeth Kiernan Fitzgerald , Assistant Attorney General, on brief), for appellee.

Present: Chief Judge Decker, Judge Malveaux and Senior Judge Haley.

Donald Matthew Kelley appeals his conviction for assault and battery in violation of Code § 18.2-57. He argues that the trial court erred by finding that a touching occurred, that he had the required intent, and that he acted without a legal excuse or justification. We hold that the evidence, viewed...

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