Legal Opinion
Burgess v. City of Virginia Beach
Court of Appeals of Virginia
Decided September 19, 1989No. Record No. 0356-87-1PublishedCited by 14 opinions
1Opinion of the Court
Opinion
HODGES, J.
In this appeal, Burgess challenges his convictions under three separate city ordinances: (1) profanely swearing or cursing in public, City Code § 23-22; (2) improper driving (lesser included offense under charge of reckless driving, City Code § 21-311); and (3) using abusive language, City Code § 23-12. He was fined a total of $300. Finding that City Code § 23-22 is unconstitutional, we reverse his conviction of profanely swearing or cursing in public. We, however, affirm Burgess’ other convictions on the ground that there was sufficient evidence to prove his guilt. Burgess’…
2Cases cited4 opinions
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Gooding v. WilsonSupreme Court of the United States · 1972
- Lewis v. City of New OrleansSupreme Court of the United States · 1974
- Mercer v. WinstonSupreme Court of Virginia · 1973
3Cited by14 opinions
- Hershfield v. CommonwealthCourt of Appeals of Virginia · 1992
- Smith v. CommonwealthCourt of Appeals of Virginia · 1999
- Price v. StateIndiana Court of Appeals · 1992
- Keyes v. City of Virginia BeachCourt of Appeals of Virginia · 1993
- Marttila v. City of LynchburgCourt of Appeals of Virginia · 2000
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