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BRUSH v. COMMONWEALTH

136 S.E.2d 864 (1964)

205 Va. 312

Roy Augustus BRUSH v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 15, 1964.

Attorney(s) appearing for the Case

Henry H. Tiffany, Waynesboro, for plaintiff in error.

R. D. McIlwaine, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen, on brief), for defendant in error.

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

I'ANSON, Justice.

This is an appeal by Roy Augustus Brush, defendant, from a conviction of operating a motor vehicle while under the influence of intoxicants, in violation of § 18.1-54 as amended Code of 1950, 1960 Repl. Vol. Defendant, having waived a jury trial, was tried by the court, and his punishment was fixed at a fine of $200 and a jail sentence of 30 days, which latter punishment was suspended upon condition of his good behavior for a period of one year...

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