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CAVELL v. COM.

Record No. 2168-96-2.

506 S.E.2d 552 (1998)

28 Va. App. 484

28 Va. App. 484

Ervin Woodson CAVELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

November 10, 1998.

Attorney(s) appearing for the Case

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

Marla Graff Decker, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., BENTON, COLEMAN, WILLIS, ELDER, BRAY, ANNUNZIATA, OVERTON, BUMGARDNER and LEMONS, JJ.

UPON A REHEARING EN BANC

ANNUNZIATA, Judge.

Appellant, Ervin W. Cavell, was convicted of escape in violation of Code § 18.2-479. On appeal, he contends 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...

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