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McINTOSH v. COMMONWEALTH

191 S.E.2d 791 (1972)

213 Va. 330

Avery Kenneth McINTOSH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 9, 1972.

Attorney(s) appearing for the Case

Mosby G. Perrow, III, John R. Alford, Lynchburg (Caskie, Frost, Davidson, Hobbs & Hamblen, Lynchburg, on brief), 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, POFF, HARRISON, COCHRAN and HARMAN, JJ.

POFF, Justice.

On December 7, 1971, defendant, Avery Kenneth McIntosh, was convicted and sentenced to one year in the penitentiary under an indictment presenting that, on July 3, 1971, he unlawfully operated a motor vehicle while an order of the circuit court adjudging him to be an habitual offender and forbidding him to operate a motor vehicle was in effect, in violation of § 46.1-387.8 of the Code. Section 46.1-387.7 provides that no operator's license shall...

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