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JOHNSON v. COMMONWEALTH

180 S.E.2d 661 (1971)

James Harold JOHNSON, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 26, 1971.

Attorney(s) appearing for the Case

Andrew S. Krulwich, Washington, D. C., (Joseph M. Spivey, III, Thomas G. Slater, Jr., Richmond, Mitchell Rogovin, Peter K. Bleakley, Reid Peyton Chambers, Washington, D. C., Hunton, Williams, Gay, Powell & Gibson, Richmond, Arnold & Porter, Washington, D. C., on brief), for plaintiff in error.

William T. Lehner, 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.

HARMAN, Justice.

James Harold Johnson, Jr., (Johnson) was found guilty after waiving trial by jury of possessing more than twenty-five grains of marijuana. His sentence was confinement in the penitentiary for twenty years and a $500.00 fine. Ten years of Johnson's confinement were suspended. A writ of error and supersedeas was awarded to review the case.

The record necessitates consideration of two questions: (1) Whether Johnson was entrapped; and ...

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