Clemmer v. Commonwealth

Jack Dean Clemmer was convicted of operating an automobile while under the. influence of intoxicants in violation of Code § 18.1-54, 1960 Repl. Vol. He waived a jury, was tried by the court, found guilty, and sentenced to pay a fine of $200. From this judgment, he was granted a writ of error.

While defendant makes several assignments of error, the controlling question is whether the evidence is sufficient to support the judgment of conviction.

The testimony is from two witnesses only, and is brief. It establishes that on the afternoon of December 4, 1965, a motor vehicle driven by defendant,…