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WOOD v. COMMONWEALTH

192 S.E.2d 762 (1972)

213 Va. 363

George WOOD, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 27, 1972.

Attorney(s) appearing for the Case

Grover C. Wright, Jr., Virginia Beach (Caton & Wright, Virginia Beach, on brief), for plaintiff in error.

Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, and POFF, JJ.

SNEAD, Chief Justice.

George Wood, Jr., defendant, was arraigned on an indictment which charged that on February 17, 1971, he "did unlawfully, wilfully and feloniously have in his possession and sell a controlled drug, towit: Marijuana, in violation of § 54-524.-101(a) of the Code of Virginia (1950), as amended." The defendant moved to quash the indictment on the ground that the act charged in the indictment was, under Code §§ 54-524.55 and 54-524.106...

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