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SHUMATE v. COMMONWEALTH

153 S.E.2d 243 (1967)

207 Va. 877

Lewis Hampton SHUMATE, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

March 6, 1967.

Attorney(s) appearing for the Case

H. E. Widener, Jr., Bristol, T. L. Hutton, Jr., Abingdon, (Joseph P. Johnson, Jr., Abingdon, D. H. Frackelton, Widener, Widener & Frackelton, Bristol, on brief), for plaintiff in error.

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

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

BUCHANAN, Justice.

Lewis Hampton Shumate, Jr., defendant, was convicted of operating a motor vehicle while under the influence of alcohol in violation of Code § 18.1-54, 1960 Repl. Vol. He waived a jury, was tried by the court, found guilty and was sentenced to pay a fine of $200 and his privilege to operate a motor vehicle in Virginia was suspended for a period of twelve months, Code § 18.1-59, 1966 Cum.Supp...

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