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OGLESBY v. COMMONWEALTH

191 S.E.2d 216 (1972)

213 Va. 247

John Henry OGLESBY, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 1, 1972.

Attorney(s) appearing for the Case

James S. Farmer, Lynchburg (Davies, Farmer & Smith, Lynchburg, on brief), for plaintiff in error.

Gilbert W. Haith, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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

HARMAN, Justice.

The trial court found John Henry Oglesby, Jr. (defendant or Oglesby) guilty of possession of heroin with the intent to distribute the same1 and sentenced him to five years in the penitentiary.

The defendant says there was no probable cause for his arrest without a warrant. He maintains, therefore, that the trial court erred in failing to suppress the drugs seized when he was arrested.

Oglesby was arrested...

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