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BANKS v. COMMONWEALTH

Record No. 760276.

230 S.E.2d 256 (1976)

William BANKS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 24, 1976.

Attorney(s) appearing for the Case

John E. Kieffer, Bristol (Woodward, Miles & Flannagan, Bristol, on brief), for plaintiff in error.

A. R. Woodroof, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

In this criminal appeal, an habitual offender, asserting the protection of the Self-Incrimination Clauses of the State and Federal Constitutions,* attacks the applied constitutionality of Virginia's "hit and run" statute, Code § 46.1-176.

The record shows that in October of 1973 in Smyth County, defendant William Banks was declared an habitual offender. He was ordered not to operate a motor vehicle on the...

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