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PRICE v. COMMONWEALTH

164 S.E.2d 676 (1968)

Wilson Ralph PRICE v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

December 6, 1968.

Attorney(s) appearing for the Case

Franklin J. Carter, Richmond (E. Brodnax Haskins, Richmond, on brief), for plaintiff in error.

Richard N. Harris, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.

BUCHANAN, Justice.

A grand jury of the Hustings Court returned an indictment against Wilson Ralph Price, herein referred to as defendant, which charged that he did unlawfully and feloniously "place or cause to be placed on the property of the City of Richmond a burning or flaming cross, against the peace and dignity of the Commonwealth of Virginia."

It is agreed that this indictment was based on § 18.1-365 of the Code of Virginia, which provided:

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