Legal Opinion

Fowlkes v. Commonwealth

Supreme Court of Virginia

Decided March 9, 1953No. Record 4063PublishedCited by 18 opinions

The opinion states the case.

1Opinion of the CourtBuchanan, J.

The defendant, Dewey W. Fowlkes, having waived a jury, was tried by the court and found guilty of driving an automobile while under the influence of intoxicants. Code 1950, § 18-75. He was sentenced to sixty days in jail, fifteen of which were to be served and the balance suspended for three years. On this appeal he claims that the judgment was without evidence to support it.

The evidence consisted only of the testimony of a State trooper, which was certified in narrative form as follows:

“After being duly sworn, G. L. Harvey, a State Trooper, testified:, That on Sunday, February 3, 1952, at…

2Cases cited4 opinions

  1. Sutherland v. CommonwealthSupreme Court of Virginia · 1938
  2. Smith v. CommonwealthSupreme Court of Virginia · 1951
  3. Bland v. City of RichmondSupreme Court of Virginia · 1949
  4. Strange v. CommonwealthSupreme Court of Virginia · 1944

3Cited by18 opinions

  1. Overbee v. CommonwealthSupreme Court of Virginia · 1984
  2. Davis v. CommonwealthCourt of Appeals of Virginia · 1989
  3. Moore v. CommonwealthSupreme Court of Virginia · 1961
  4. Clemmer v. CommonwealthSupreme Court of Virginia · 1968
  5. State v. SanfordSupreme Court of Vermont · 1954

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