Cherry v. Commonwealth

Citations

• 78 Va. 375
• 1884 Va. LEXIS 13

Syllabus

<p>1. Liquor Licenses-Rules to revoke.-It was not the intention of the legislature to require in proceedings under l 106, chapter 206, Acts of Assembly 1874-5, page 244, the application of the strict and technical rules applicable to indictments.</p> <p>2. Idem-Idem-Civil proceedings-Defendants compétetit witnesses.&emdash;In proceedings to revoke liquor licenses under said section, the defendants are competent to testify in their own behalf, those proceedings being not criminal in their nature.</p> <p>3. IDEM'-Idem-Commo7iwealth's attorney.&emdash;Those proceedings may be on the motion of any other person, as well as of the Commonwealth’s attorney.</p> <p>4. Idem-Idem-Trial by jury&emdash;Bar.-In such proceedings the defendant is not entitled to a trial by jury. The object is not punishment, but revocation of privilege. It is no bar to the proceeding that it is founded on some act or offence wherefor the defendant has been formerly convicted. Davis v. The Commonwealth, 75 Va. 944.</p> <p>5. Lacy, J., dissenting, held that such proceedings are criminal in their nature, and that the revocation of the license is the punishment; and that, therefore, the defendant was not a competent witness in his own behalf.</p>