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BALDWIN v. COMMONWEALTH

125 S.E.2d 858 (1962)

203 Va. 570

Johnnie Herbert BALDWIN v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

June 11, 1962.

Attorney(s) appearing for the Case

Morris H. Fine, Norfolk (Fine, Fine, Legum & Schwan, Norfolk, on brief), for plaintiff in error.

D. Gardiner Tyler, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen, on the brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

CARRICO, Justice.

Johnnie Herbert Baldwin was tried upon an indictment which charged that he "unlawfully and feloniously did manufacture, possess, have under his control, sell, prescribe, administer, dispense and compound a narcotic drug, to-wit, opium." The trial judge, hearing the case without a jury, found Baldwin guilty of "possessing and having under his control a narcotic drug, to-wit, opium," and fixed his punishment at confinement in the penitentiary for a...

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