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Hoambrecker v. City of Lynchburg

1/14/1992

nforce the statutes of the Commonwealth or law of the jurisdiction involved. See Kelley v. County of Brunswick, 200 Va. 45, 48-49, 104 S.E.2d 7, 10 (1958); Murray v. City of Roanoke, 192 Va. 321, 326-27, 64 S.E.2d 804, 808 (1951).


Thus, Stapleton had the authority to stop and arrest appellant within one mile of city limits as long as it was for an offense against the Commonwealth or the county in which the arrest was made. Stapleton testified that he arrested appellant under no particular ordinance or statute. We hold that Stapleton had authority to arrest the defendant.


Next, we hold that the evidence was sufficient to support the defendant's conviction for violating the Lynchburg city ordinance. The appellant's location on the highway when Officer Stapleton


first saw him assured that the appellant had been driving in the City of Lynchburg immediately before he was observed by Stapleton. Appellant's later admissions that he had been drinking at a bar inside the limits of the City of Lynchburg and was driving to the airport corroborated this Conclusion. Therefore, it was reasonable for the trier of fact to infer that the appellant had been driving in the City of Lynchburg immediately before and in the same condition as he was when Stapleton observed him. On this evidence, when viewed in the light most favorable to the Commonwealth, "a rational trier of fact could have found the essential elements of [driving while under the influence of alcohol in the City of Lynchburg] beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 318 (1979).


For these reasons, the judgment of conviction is affirmed.


Affirmed.


Disposition


Affirmed.






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