Overstreet v. Commonwealth

Carson T. Overstreet, sometimes hereinafter referred to as defendant, complains of a judgment finding him guilty of a misdemeanor, a violation of section 43-13, Code of Virginia, 1950. Upon his plea of not guilty, a jury being waived, the court heard the case. His sentence was fixed at a fine of $100 and confinement in jail for thirty days. He asks us to set aside his conviction on the ground,—first, that the judgment is contrary to the law and the evidence, and, second, that Code, section 43-13 is unconstitutional, in that it authorizes the deprivation of one’s property without due process…