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Baldwin v. Commonwealth

645 S.E.2d 433 (2007)

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Baldwin v. Commonwealth

Supreme Court of Virginia

645 S.E.2d 433 (2007)

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Facts

A police officer observed Demetrius Baldwin (defendant) driving approximately 25 miles over the speed limit. The officer pursued Baldwin, activated his lights, and pulled Baldwin over. The officer walked to Baldwin’s car and stood beside the driver’s door. Without acknowledging the officer, Baldwin turned the vehicle toward the road and drove off. The officer pushed off the car in order to avoid being struck. Baldwin was subsequently arrested. The Commonwealth of Virginia (plaintiff) charged Baldwin with attempted murder and eluding the police. Baldwin testified that he panicked and did not intend to harm or hit the police officer with his car. The police officer testified that Baldwin did not put his car in reverse and that Baldwin never tried to strike him with the vehicle. Baldwin was convicted, and he appealed. The court of appeals affirmed. The Supreme Court of Virginia granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Agee, J.)

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