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KYHL v. COMMONWEALTH

135 S.E.2d 768 (1964)

205 Va. 240

Elwood Coolidge KYHL v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 27, 1964.

Attorney(s) appearing for the Case

John Alexander, Warrenton (Martin & Alexander, Warrenton, on brief), for plaintiff in error.

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

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

SNEAD, Justice.

Elwood Coolidge Kyhl, sometimes referred to as defendant, was convicted in the Fauquier County Court on a warrant charging him with operating "a motor vehicle over the public highway while under the influence of alcoholic beverages" in violation of Code, § 18.1-54. He appealed the conviction to the Circuit Court of Fauquier County, where the case was tried by the court without a jury. On a plea of not guilty he was found guilty as charged and...

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