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JACKSON v. COM.

Record No. 070137.

652 S.E.2d 111 (2007)

John Allen JACKSON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 2, 2007.

Attorney(s) appearing for the Case

David D. Embrey, Lynchburg, for appellant.

Richard B. Smith, Special Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGVEE, JJ., and STEPHENSON, S.J.

OPINION BY Chief Justice LEROY R. HASSELL, SR.

In this appeal of a judgment from the Court of Appeals, we consider whether the Commonwealth proved that the defendant violated Code § 18.2-266, a penal statute. This statute states in relevant part:

"It shall be unlawful for any person to drive or operate any motor vehicle, engine or train . . . (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant...

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