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UNITED STATES v. O'BYRNE

Cr. No. 52-73-NN.

423 F.Supp. 588 (1973)

UNITED STATES of America v. James L. O'BYRNE.

United States District Court, E. D. Virginia, Newport News Division.

October 10, 1973.

Attorney(s) appearing for the Case

Michael A. Rhine, Asst. U.S. Atty., Norfolk, Va., for plaintiff-appellee.

William Mills Krieger, Newport News, Va., for defendant-appellant.

OPINION

KELLAM, Chief Judge.

Appellant, James L. O'Byrne, is a soldier on active duty stationed at Fort Eustis, Virginia, a United States Military Reservation. On March 18, 1973, O'Byrne was arrested on the base and charged with driving his automobile on the base while under the influence of intoxicants, a violation of Va. Code 18.1-54 which was made applicable pursuant to the Assimilative Crimes Act, 18 U.S.C.A. § 13. At trial, objection was raised...

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