Commonwealth v. South

From the Court of Appeals of Virginia. Court of Appeals No. 2209-04-1.

Upon the petition of the Commonwealth of Virginia and a review of the record, pleadings and the argument of appellant's counsel, the Court finds no merit to assignments of error I and II and refuses the petition as to those assignments of error. The appellee, however, concedes that appellant is correct as to its third assignment of error, which reads as follows:

III. Assuming arguendo that the trial court erred in convicting the defendant under the felony provisions of the assault and battery statute, the Court of Appeals…