NEWTON v. CITY OF RICHMOND


96 S.E.2d 775 (1957)

198 Va. 869

James S. NEWTON v. CITY OF RICHMOND.

Supreme Court of Appeals of Virginia.

March 11, 1957.


Attorney(s) appearing for the Case

F. Ward Harkrader, Jr., Glen Allen (G. William White, Jr., Richmond, on the brief), for plaintiff in error.

James A. Eichner, Asst. City Atty, Richmond (J. E. Drinard, City Atty, Richmond, on the brief), for defendant in error.

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


MILLER, Justice.

James S. Newton was convicted by a jury and fined one hundred dollars on the charge of operating an automobile on March 24, 1956 while under the influence of intoxicants in violation of § 80, ch. 40, Richmond City Code of 1937.1 From a judgment confirming the verdict, we granted accused an appeal.

In his assignments of error Newton challenges instruction No. 3 given...

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