Legal Opinion

Miller v. Commonwealth

Supreme Court of Virginia

Decided April 10, 1939No. Record No. 2108PublishedCited by 46 opinions

1Opinion of the CourtSpratley, J.

This case presents for our consideration the question whether the presumption created by Virginia Code 1936, section 4675 (50), as amended in 1938 (chapter 234), is a conclusive presumption, or is merely a presumption subject to be rebutted by evidence of opposing or explanatory facts.

*644In September, 1938, an indictment containing three counts was returned against C. M. Miller, the defendant. The three counts charged him with: (1) unlawfully transporting alcoholic beverages illegally acquired by him, and having in his possession at the time of such transportation two firearms; (2) unlawfully…

2Cases cited3 opinions

  1. Buzzard v. CommonwealthSupreme Court of Virginia · 1922
  2. Lennon v. SmithSupreme Court of Virginia · 1939
  3. O'Brien v. CommonwealthSupreme Court of Virginia · 1936

3Cited by46 opinions

  1. Satcher v. CommonwealthSupreme Court of Virginia · 1992
  2. Williamson v. the Old Brogue, Inc.Supreme Court of Virginia · 1986
  3. Commonwealth v. EllettSupreme Court of Virginia · 1939
  4. TINDER, PROS. ATTY. v. Music Op. Inc.Indiana Supreme Court · 1957
  5. State v. ReppertWest Virginia Supreme Court · 1949

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