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BERRY v. COMMONWEALTH

106 S.E.2d 590 (1959)

200 Va. 495

John Raymond BERRY, Sr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

January 26, 1959.

Attorney(s) appearing for the Case

Sam P. Conrad, Harrisonburg (Charles A. Hammer, Jr., Harrisonville, on the brief), for plaintiff in error.

C. F. Hicks, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., on the brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

BUCHANAN, Justice.

The question in this case is whether the suspension of a jail sentence imposed on the defendant, John Raymond Berry, Sr., was legally revoked, and is to be determined from the following stipulated facts:

On December 17, 1956, the County Court of Rockingham county found the defendant guilty of a misdemeanor and sentenced him to twelve months in jail but suspended the sentence for one year conditioned...

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