Brush v. Commonwealth

This is an appeal by Roy Augustus Brush, defendant, from a conviction of operating a motor vehicle while under the influence of intoxicants, in violation of § 18.1-54, as amended, Code of 1950, I960 Repl. Vol. Defendant, having waived a jury trial, was tried by the court, and his punishment was fixed at a fine of $200 and a jail sentence of 30 days, which latter punishment was suspended upon condition of his good behavior for a period of one year. From this judgment we granted defendant a writ of error.

Defendant’s principal contention is that the trial court erred in admitting evidence of the…