JOHNSON v. COMMONWEALTH


69 S.E.2d 340 (1952)

193 Va. 502

JOHNSON v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

March 10, 1952.


Attorney(s) appearing for the Case

David Nelson Sutton, West Point, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen, G. Stanley Clarke, Asst. Atty. Gen, for the Commonwealth.

Before HUDGINS, C. J., and EGGLSTON, SPRATLEY, BUCHANAN, MILER, SMITH and WHITTLE, JJ.


HUDGINS, Chief Justice.

Madeline Johnson was convicted of selling to Joe Roy a half pint of whiskey on August 13, 1950. The punishment imposed was thirty days confinement in jail and a fine of $250.

Defendant's only contention is that the trial court committed reversible error in overruling her motion to declare a mistrial, because the court, in the presence of the jury, made statements prejudicial to her.

Joe Roy testified that between 2:00 and 4...

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