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Appeals court: Cop assault law doesn’t apply to ABC agent

By News in Brief
Published: April 27, 2009

The Virginia Court of Appeals has ruled that the law against assaulting a police officer provides no protection to Alcoholic Beverage Control agents.

A three-judge panel of the appeals court reversed the felony conviction of Nyal Lee Cline III last Tuesday and returned the case to Campbell County Circuit Court for retrial on a misdemeanor charge of simple assault and battery (VLW 009-6-173).

The appeals court said the law against assaulting a police officer spells out exactly who is covered – and it doesn’t include ABC agents. The court rejected the state’s argument that ABC agents should be included because they are empowered to enforce criminal laws, just like the chief law enforcement officer of a county, city or town.


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