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ALLMAN v. COM.

Record No. 0664-03-2.

596 S.E.2d 531 (2004)

43 Va. App. 104

Brian ALLMAN, s/k/a Brian P. Allman v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 25, 2004.

Attorney(s) appearing for the Case

Brian P. Allman, pro se.

John H. McLees, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: ELDER, FRANK and HUMPHREYS, JJ.

ELDER, Judge.

Brian P. Allman (appellant) appeals from his bench trial conviction for making an obscene telephone call with an intent to coerce, intimidate or harass in violation of Code § 18.2-427. On appeal, he contends the evidence was insufficient to prove his language was obscene or that he acted with the requisite intent.1 We hold the evidence, viewed in the light most favorable to the Commonwealth, was insufficient to prove...

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