Caldwell v. Commonwealth

Warren Howard Caldwell, defendant, was found guilty on a warrant charging that he did “operate a motor vehicle on the highways of the State of Virginia while under the influence of intoxicate ing beverages” (Code, § 18.1-54), and that he had been previously convicted of the same offense within a period of ten years. The jury fixed his punishment at a fine of $200 and by confinement in jail for a term of one month. Code, § 18.1-58. The case is before us upon writ of error and supersedeas to the judgment of conviction entered on the verdict.

On April 1, 1963, at approximately 7:45 p.m. trooper…