ALLEN v. COMMONWEALTH


180 S.E.2d 513 (1971)

Ray William ALLEN v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 26, 1971.


Attorney(s) appearing for the Case

Paul Whitehead, Lynchburg, for plaintiff in error.

A. R. Woodroof, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


HARMAN, Justice.

Ray William Allen (defendant) was tried by a jury and found guilty of a felony indictment charging a violation of Code § 46.1-176 commonly referred to as the "hit and run" statute. His punishment was fixed by the verdict at 30 days in jail and a fine of $100.00. We granted a writ of error and supersedeas to the order of the trial court sentencing the defendant on this verdict.

The two issues presented by this appeal are:

(1) the...

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