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MERCER v. WINSTON

199 S.E.2d 724 (1973)

Jimmy M. MERCER v. Andrew J. WINSTON, Sergeant of the City of Richmond.

Supreme Court of Virginia.

October 8, 1973.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond (Henry L. Marsh, III, Hill, Tucker & Marsh, Richmond, on brief), for plaintiff in error.

Barry S. Comess, Asst. Commonwealth's Atty., City of Richmond (Jose R. Davila, Jr., Commonwealth's Atty., City of Richmond, on brief), for defendant in error.

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

HARRISON, Justice.

Jimmy M. Mercer was convicted by a jury of violating the provisions of Code § 18.1-255 (breach of the peace) and his punishment was fixed at a fine of $50 and costs.1 We denied Mercer an appeal from the judgment of the court imposing the sentence. Thereafter he was committed to the respondent, Andrew J. Winston, Sergeant of the City of Richmond, for nonpayment of the...

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