Tiller v. Commonwealth

Smith J.,

delivered the opinion of the court.

The plaintiff in error, Curtis Elmer Tiller, hereinafter referred to as the defendant, was convicted by the trial justice of Dickenson county of operating an overloaded motor vehicle in violation of section 46-334 of the Code of Virginia, 1950. The defendant appealed to the Circuit Court of Dickenson county where the case was tried de novo before the judge without a jury. He was again convicted and to that judgment he has obtained a writ of error.

It is stipulated and agreed between the parties that the defendant was operating the White truck in…