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BURGESS v. CITY OF VIRGINIA BEACH

Record No. 0356-87-1.

385 S.E.2d 59 (1989)

Robert Andrew BURGESS v. CITY OF VIRGINIA BEACH.

Court of Appeals of Virginia.

September 19, 1989.

Attorney(s) appearing for the Case

H. Thomas Padrick, Jr. (Anderson and Padrick, Virginia Beach, on briefs), for appellant.

Leslie L. Lilley (J. Dale Bimson, City Atty., Leslie L. Lilley, Norfolk, on brief), for appellee.

Present: BAKER, BARROW and HODGES, JJ.

HODGES, Judge.

In this appeal, Burgess challenges his convictions under three separate city ordinances: (1) profanely swearing or cursing in public, City Code § 23-22; (2) improper driving (lesser included offense under charge of reckless driving, City Code § 21-311); and (3) using abusive language, City Code § 23-12. He was fined a total of $300.00. Finding that City Code § 23-22 is unconstitutional, we reverse his conviction of profanely swearing...

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