Doughty v. Commonwealth

James Tankard Doughty, defendant, was convicted by a jury on a charge of driving an automobile while under the influence of alcohol, second offense, and his punishment fixed at thirty days in jail and a fine of $100 (Code 1950, §§ 18.1-54, 18.1-58). He was sentenced accordingly,, was granted a writ of error and contends here that the trial court erred in excluding testimony and in not setting aside the verdict on the ground that the evidence was not sufficient to support it.

The evidence for the Commonwealth came from three members of the State police—two troopers and a sergeant. On August 26,…