Allman v. Commonwealth

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 his language was obscene. Thus, we reverse and dismiss his conviction without considering whether he acted with an intent to harass.

I

BACKGROUND

At the time of the…