UPTON v. COMMONWEALTH


177 S.E.2d 528 (1970)

211 Va. 445

David Everett UPTON v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

November 30, 1970.


Attorney(s) appearing for the Case

Jonathan S. Gibson, III, Newport News (Hudgins & Gibson, Newport News, on brief), for plaintiff in error.

T. J. Markow, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.


COCHRAN, Justice.

Appellant, David Everett Upton, waived a jury and was tried by the court upon an indictment charging him with possession of marijuana in violation of § 54-488 of the Code. He was found guilty as charged and sentenced to confinement for three years in the State Penitentiary. We granted him a writ of error to the judgment order entered August 6, 1969.

On March 25, 1969 Sergeant C. E. Boyce of the Hampton Detective Bureau obtained a search...

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