Moses v. Commonwealth

*365BENTON, J.,

with whom FITZPATRICK, C. J., and ELDER, J., join, dissenting.

The sole issue in this case is whether the evidence was sufficient to prove the offenses charged in the arrest warrant: that on two occasions Kenneth Samuel Moses “did unlawfully in violation of [Code § ] 18.2-387 ... intentionally make an obscene display of [his] person or private parts in a public place or in a place where a child under the age of 18 years and others were present.” Because I believe that Code § 18.2-387 codified the common law’s understanding of “expose” and “display” to mean without clothes, I do not…