O'Donnell v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Rockingham county on an indictment for selling liquor to an intoxicated person. To a judgment of conviction, the defendant assigns error. The following instructions were given by the court notwithstanding defendant’s objection thereto: “1. The jury are instructed, that the defendant is presumed to be innocent until and unless his guilt is established by the evidence beyond every reasonable doubt.
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Error to a judgment of the Circuit Court of Rockingham county on an indictment for selling liquor to an intoxicated person. To a judgment of conviction, the defendant assigns error. The following instructions were given by the court notwithstanding defendant’s objection thereto: “1. The jury are instructed, that the defendant is presumed to be innocent until and unless his guilt is established by the evidence beyond every reasonable doubt. “2. The court instructs the jury, that the word intoxicated as used in the indictment means a materially changed condition produced by the immoderate or…
1Opinion of the CourtCardwell, J.
Section 19 of the acts of assembly approved March 12, 1908, (Acts 1908, p. 275), commonly known as the “Byrd Liquor Law,” provides, inter alia, that “No person * * * shall knowingly sell (ardent spirits) to any intoxicated person.” And in section 27 of the act it is provided, that “any person violating any of the provisions of * * " this act shall be deemed guilty of a misdemeanor * * * , and shall be fined not less than fifty dollars nor more than one hundred dollars * * '* and shall be required to give bond for twelve months with approved security in the penalty of five hundred dollars, and…
2Cases cited10 opinions
- People v. RobyMichigan Supreme Court · 1884
- Carroll v. StateCourt of Appeals of Maryland · 1885
- State v. CainWest Virginia Supreme Court · 1876
- Dudley v. SautbineSupreme Court of Iowa · 1878
- State v. KittelleSupreme Court of North Carolina · 1892
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3Cited by7 opinions
- Bracy v. CommonwealthSupreme Court of Virginia · 1916
- Gottlieb v. CommonwealthSupreme Court of Virginia · 1920
- State v. ErlandsonMontana Supreme Court · 1952
- McDiarmid v. CommonwealthSupreme Court of Virginia · 1945
- Hardin v. City of RadfordSupreme Court of Virginia · 1911
2 more not listed; retrieve them via the Exa API.