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TILLER v. COMMONWEALTH

69 S.E.2d 441 (1952)

193 Va. 418

TILLER v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

March 10, 1952.

Attorney(s) appearing for the Case

B. F. Sutherland and S. H. & Geo. C. Sutherland, all of Clintwood, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen, D. Gardiner Tyler, Jr., Asst. Atty. Gen, H. Coleman McGehee, Jr., Richmond, for the Commonwealth.

Before HUDGINS, C. J, and EGGLETON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

SMITH, Justice.

The plaintiff in error, Curtis Elmer Tiller, hereinafter referred to as the defendant, was convicted by the trial justice of Dickenson county of operating an overloaded motor vehicle in violation of section 46-334 of the Code of Virginia, 1950.1 The defendant appealed to the Circuit Court of Dickenson county where the case was tried de novo before the judge without a jury. He was again convicted and to that judgment...

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