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OWENS v. COMMONWEALTH

179 S.E.2d 477 (1971)

211 Va. 633

William Sylvester OWENS v. COMMONWEALTH of Virginia. Roy Lee FERGUSON, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

March 8, 1971.

Attorney(s) appearing for the Case

John C. Lowe, Charlottesville (Philip J. Hirschkop, Alexandria, on brief), for William Sylvester Owens.

John C. Lowe, Charlottesville (Philip J. Hirschkop, Alexandria, on brief), for Roy Lee Ferguson, Jr.

A. R. Woodroof, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C.J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

Defendants William Sylvester Owens and Roy Lee Ferguson, Jr. were members of an unruly crowd in Charlottesville on the night of September 8, 1968 when the police ordered the crowd to disperse. Property had been damaged, apparently by members of the crowd, and the police feared further physical violence. Owens and Ferguson were arrested, tried for the misdemeanor of remaining at the place of an unlawful assembly1 after...

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