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CUSTALOW v. COM.

Record No. 2303-02-2.

596 S.E.2d 95 (2004)

43 Va. App. 71

Charles Bernard CUSTALOW v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 18, 2004.

Attorney(s) appearing for the Case

Robert H. Smallenberg, Richmond, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Jerry W. Kilgore, Attorney General; Stephen R. McCullough, Assistant Attorney General, on brief), for appellee.

Present: ANNUNZIATA, HUMPHREYS and McCLANAHAN, JJ.

HUMPHREYS, Judge.

Charles Bernard Custalow appeals his conviction for trespassing in violation of Code § 18.2-119. Appellant contends that the Mattaponi Indian Tribe improperly barred him from its reservation. Thus, the Commonwealth failed to prove appellant was forbidden to "go[ j upon or remain upon" the reservation by the "person lawfully in charge thereof." See Code § 18.2-119. For the reasons that follow...

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