(Download) "Anthony v. Commonwealth" by Virginia Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Anthony v. Commonwealth
- Author : Virginia Supreme Court
- Release Date : January 02, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
[1] The accused filed a plea of autrefois acquit based on the fact that the town of Altavista first convicted him, and, on appeal, refused to prosecute him further on a charge of violating the town ordinance against drunken driving, and that the State warrant upon which he was then being tried was a prosecution for the same act. "As the statute (sec. 4775) now reads, a prosecution under either the State statute or the municipal ordinance for one act, which is a violation of both, is not a bar to the prosecution for the same act by the other sovereign." Malouf v. Roanoke, 177 Va. 846, 852, 13 S.E.2d 319. There was no error in sustaining the demurrer to the plea.
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