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NICOLLS v. COMMONWEALTH

184 S.E.2d 9 (1971)

212 Va. 257

William H. NICOLLS, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 11, 1971.

Attorney(s) appearing for the Case

Daniel Hartnett and Henry P. Custis, Jr., Accomac (Ayres & Hartnett, Accomac, on brief), for plaintiff in error.

A. R. Woodroof, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., M. Harris Parker, Chief Deputy Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

SNEAD, Chief Justice.

The court below, sitting without the intervention of a jury, tried and convicted William H. Nicolls, Jr. on a warrant charging that he operated a motor vehicle on a public highway while under the influence of intoxicants. The warrant also charged that he had been convicted of a like offense within the past ten years. Nicolls was sentenced to thirty days in jail and a fine of $200. We awarded him a writ of error to that judgment.

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