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GARDNER v. COMMONWEALTH

81 S.E.2d 614 (1954)

195 Va. 945

GARDNER v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

May 3, 1954.

Attorney(s) appearing for the Case

George E. Allen, Allen, Allen, Allen & Allen, Frank A. S. Wright, Gambill, Minor & Wright, Richmond, for plaintiff in error.

Atty. Gen. J. Lindsay Almond, Jr., Asst. Atty. Gen. Frederick T. Gray, for defendant in error.

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

HUDGINS, Chief Justice.

James E. Gardner, hereinafter designated defendant, seeks by this writ of error a reversal of a judgment convicting him of driving an automobile while under the influence of intoxicants in violation of Code section 18-75.

The Attorney General moved to dismiss the writ of error because defendant's brief does not contain a statement of facts as required by rule 5:12, § 1(c), Rules of the Supreme Court of Appeals of Virginia. We have...

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