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HOWARD v. CITY OF ROANOKE

Record No. 1584-06-3.

654 S.E.2d 322 (2007)

51 Va. App. 36

E. Duane HOWARD v. CITY OF ROANOKE.

Court of Appeals of Virginia, Salem.

December 27, 2007.

Attorney(s) appearing for the Case

G. David Nixon (Huffman & Nixon, P.C., on brief), Roanoke, for appellant.

Andrew E. Stephens, Assistant Commonwealth's Attorney (Office of the Commonwealth's Attorney for the City of Roanoke, on brief), for appellee.

Present: ELDER, McCLANAHAN, JJ., and FITZPATRICK, Senior Judge.

ELDER, Judge.

E. Duane Howard (appellant) appeals from his bench trial conviction for disorderly conduct in violation of the Roanoke City Code, based on his behavior during a city council meeting. On appeal he contends the evidence was insufficient to support his conviction because his "verbal utterances" were expressly excluded from the scope of the ordinance and his disorderly conduct, if any, occurred during a recess. We hold the evidence of appellant's behavior...

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