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HOREN v. COM.

Record Nos. 2835-95-3, 2836-95-3.

479 S.E.2d 553 (1997)

23 Va. App. 735

Timothy Marc HOREN v. COMMONWEALTH of Virginia. Diane Patricia HOREN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

January 14, 1997.

Attorney(s) appearing for the Case

James J. Knicely, Williamsburg (Samuel Swindell, Williamsburg; Knicely & Cotorceanu, Blacksburg; Kratman, Pethybridge & Swindell, Blacksburg, on briefs), for appellants.

Kathleen B. Martin, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: MOON, C.J., and ELDER and BRAY, JJ.

MOON, Chief Judge.

Timothy Horen and Diane Horen were convicted of possession of wild bird feathers and parts in violation of Code § 29.1-521(A)(10).1 The dispositive question is whether the application of Code § 29.1-521(A)(10) to prohibit the possession of lawfully obtained owl feathers for the practice of the Horens' Native American religion violates their constitutional right to...

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