COFFEY v. COMMONWEALTH


116 S.E.2d 257 (1960)

202 Va. 185

Garnett Odell Dudley COFFEY v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 10, 1960.


Attorney(s) appearing for the Case

Paul A. Holstein, Lexington, for plaintiff in error.

D. Gardiner Tyler, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., on brief), for defendant in error.

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


WHITTLE, Justice.

This case is before us upon a writ of error to a judgment entered in the lower court on February 25, 1960, wherein Coffey was found guilty of a second offense of driving a motor vehicle while under the influence of intoxicants, the jury fixing his punishment at a fine of $100 and thirty days in jail.

While there are three assignments of error, the crucial issue is whether or not the evidence was sufficient to prove that accused was under...

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