Legal Opinion

South v. Commonwealth

Court of Appeals of Virginia

Decided December 20, 2005No. 2209041PublishedCited by 8 opinions

1Opinion of the Court

*250KELSEY, Judge.

Holly Jo South assaulted two United States Navy police officers serving at the Norfolk Naval Base. The trial court found her guilty of three counts of felony assault and battery of law-enforcement officers under Code § 18.2-57(C). South argues that the statute does not apply to the federal officers she assaulted. We agree, reverse the convictions, and remand for retrial on the misdemeanor offenses of simple assault and battery under Code § 18.2-57(A).1

I

A. Law-Enforcement Officers Under Code § 18.2-57

Code § 18.2-57(C) makes it a Class 6 felony to commit “an assault and battery…

2Cases cited12 opinions

  1. McBoyle v. United StatesSupreme Court of the United States · 1931
  2. Crowder v. CommonwealthCourt of Appeals of Virginia · 2003
  3. Carter v. NelmsSupreme Court of Virginia · 1963
  4. Commonwealth Ex Rel. Virginia Department of Corrections v. BrownSupreme Court of Virginia · 2000
  5. Temple v. City of PetersburgSupreme Court of Virginia · 1944

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Cline v. CommonwealthCourt of Appeals of Virginia · 2009
  2. Christopher Bowman v. StateCourt of Appeals of Georgia · 2020
  3. Commonwealth v. FoxFairfax County Circuit Court · 2008
  4. Javan Fox v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2009
  5. South v. CommonwealthCourt of Appeals of Virginia · 2005

3 more not listed; retrieve them via the Exa API.

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