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JACKSON v. COM.

Record No. 1999-03-4.

604 S.E.2d 122 (2004)

44 Va. App. 218

James Edward JACKSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 2, 2004.

Attorney(s) appearing for the Case

Teresa E. McGarrity, Assistant Public Defender (Sterling Sandow Larnerd, Assistant Public Defender, on brief), for appellant.

Eugene Murphy, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FRANK and CLEMENTS, JJ., and WILLIS, Senior Judge.

JERE M.H. WILLIS, Jr., Senior Judge.

On appeal from his conviction of possession of alcohol by an interdicted person, in violation of Code § 4.1-322, James Edward Jackson contends (1) that Code § 4.1-322 violates the Eighth Amendment by imposing criminal punishment for the status of being an alcoholic; (2) that the constitutionality of Code § 4.1-322 is predicated on outdated medical knowledge; (3) that incarceration...

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