Block · one region of the page, as the scanner read it. It may hold a whole story, part of one, several, or an advertisement; stitching blocks into articles is the next step. Text is supplied OCR.
Page 2 · column 1 of 6 · from the scan, no model involved
Despite attempts by attorney Douglas Baumgardner to limit the testimony of an undercover Alcoholic Beverage Control Board agent, Usters Dodson of Sperryville was found guilty Tuesday in General District Court of three charges of selling alcoholic beverages without a license. Judge Charles Foley sentenced Dodson to six months in jail, with five suspended. He was also fined $750 on each of the three counts.
D. W. Presgraves, an ABC license agent, testified that he stopped at Dodson’s house on Rt. 231 three times last summer, each time purchasing one fifth of vodka from Dodson for $7.
After Commonwealth’s Attorney Peter Luke asked Mr. Presgraves whether Dodson had an ABC license or not, Mr. Baumgardner objected to the question as hearsay. He told Judge Foley that the agent could not testify to that fact unless he wad the person in charge of the license records.
“I do know that the only way to get a license is as a bona fide restaurant,” Mr. Presgraves told Mr. Luke.
Judge Foley ruled that the agent should be allowed to testify as to the kind of building which he visited.
He replied that it was a half-log building, with a bed in the living room and a kitchen behind. ‘There are paths through the house, basically everything is in storage in the house.”
Mr. Luke asked whether there was a sign hanging outside, people coming and leaving, or other indications of a restaurant on the premises.
“No,” Mr. Presgraves replied.
He added that Dodson told him that the seals on all three bottles had been broken because, during a pre, vious trial, the only evidence which had been excluded was a bottle which had the seal broken. The three bottles offered Tuesday were all admitted by Judge Foley.
Mr. Baumgardner presented no evidence, but argued that the Commonwealth had failed to prove by the agent’s testimony that Dodson did not have a valid ABC license. He pointed out that in certain cases, such as the executor of an estate, the ABC board does grant licenses to individuals.
“The uncontroverted testimony,” Mr. Luke replied, “is that the defendant is not licensed — he cannot be licensed to sell from his house. There’s no, way he could be licensed.” \
Mr. Baumgardner added that the warrants, as written, were vague as to the requirement^ previous conviction of a “similar'~offense,” and
r
89.3%