COSBY v. COMMONWEALTH


179 S.E.2d 460 (1971)

211 Va. 573

Edward Lewis COSBY v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

March 8, 1971.


Attorney(s) appearing for the Case

Robert G. Cabell, Jr., Richmond, for plaintiff in error.

William M. Phillips, 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.


PER CURIAM.

The defendant, Edward Lewis Cosby, seeks to reverse his conviction of statutory burglary in the court below on the ground that the court erred in "refusing to suppress the evidence seized under the search warrant and incident to (his) arrest inasmuch as said arrest for vagrancy was a sham and devised to obtain evidence prior to placing a formal charge of breaking and entering against the defendant".

From the record it would appear that the defendant...

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