Legal Opinion

Propst v. Commonwealth

Court of Appeals of Virginia

Decided June 3, 1997No. 0347961PublishedCited by 13 opinions

1Opinion of the Court

BAKER, Judge.

James Bernard Propst (appellant) appeals his bench trial conviction for driving or operating a motor vehicle while intoxicated in violation of Code § 18.2-266. Appellant contends that the Commonwealth failed to prove that he was “operating” a motor vehicle while intoxicated and that his conviction should therefore be reversed. We disagree and affirm appellant’s conviction.

On appeal, we view the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. Martin v. Commonwealth, 4 Va.App. 438, 443, 358 S.E.2d 415,…

2Cases cited4 opinions

  1. Martin v. CommonwealthCourt of Appeals of Virginia · 1987
  2. Stevenson v. City of Falls ChurchSupreme Court of Virginia · 1992
  3. Williams v. Petersburg & CommonwealthSupreme Court of Virginia · 1975
  4. Lyons v. City of PetersburgSupreme Court of Virginia · 1980

3Cited by13 opinions

  1. Leake v. CommonwealthCourt of Appeals of Virginia · 1998
  2. Dugger v. CommonwealthCourt of Appeals of Virginia · 2003
  3. Commonwealth v. McGillivaryMassachusetts Appeals Court · 2011
  4. Keesee v. CommonwealthCourt of Appeals of Virginia · 2000
  5. Linda Eugene Hall v. CommonwealthCourt of Appeals of Virginia · 1997

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