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CAVELL v. COM.

Record No. 2168-96-2.

493 S.E.2d 382 (1997)

26 Va. App. 82

Ervin Woodson CAVELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

November 25, 1997.

Attorney(s) appearing for the Case

Cullen D. Seltzer, Assistant Public Defender (David Johnson, Public Defender, on brief), for appellant.

Marla Graff Decker, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and ELDER and ANNUNZIATA, JJ.

ANNUNZIATA, Judge.

Appellant, Ervin W. Cavell, was convicted of escape in violation of Code § 18.2-479. On appeal, he contends that the evidence was insufficient to support his conviction. We agree and reverse his conviction.

The facts are undisputed. Clad in his police uniform and carrying a bottle of "OC" spray, Officer Lewis approached a crowd involved in a fight. Lewis ordered the crowd to disperse, and, as the crowd broke, Lewis identified appellant...

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