FRANZ v. COMMONWEALTH


186 S.E.2d 71 (1972)

212 Va. 587

Edward D. FRANZ, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 17, 1972.


Attorney(s) appearing for the Case

Robert N. Johnson (Harris & Tuck, Freasier & Johnson, Professional Associates, Inc., Richmond, on brief), for plaintiff in error.

Robert L. Simpson, Jr., 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, J J.


HARRISON, Justice.

Edward D. Franz, Jr., was granted a writ of error to a final judgment entered by the court below finding him guilty of unlawfully mutilating, defiling and defacing an American flag, and sentencing him to serve 12 months in the city jail, with 9 months conditionally suspended.

Section 18.1-425 of the Code of Virginia provides that:

"No person shall publicly burn with contempt, mutilate...

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