Perkins v. Commonwealth

BUMGARDNER, Judge.

Cary Randall Perkins was convicted of assault and battery in violation of Code § 18.2-57. On appeal he challenges the sufficiency of the evidence. Finding the evidence sufficient, we affirm.

Viewed in the light most favorable to the Commonwealth, the evidence established that on November 19, 1997, the defendant was a teacher and coach at Marion Senior High School in Smyth County. The defendant is deaf and speech-impaired, and he communicates primarily by lip reading. He knew the fourteen-year-old victim through her boyfriend, but was neither her teacher nor coach.

During a…