HEATON v. COMMONWEALTH


207 S.E.2d 829 (1974)

Dewey J. HEATON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 28, 1974.


Attorney(s) appearing for the Case

James E. Brydges, Jr., Virginia Beach (Moore, Brydges & Cohen, Virginia Beach, on brief), for plaintiff in error.

Wilburn C. Dibling, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


PER CURIAM.

Dewey J. Heaton was convicted in the trial court of possession of marijuana with intent to distribute and of possession of LSD. The dispositive question on appeal is whether the trial court erred in overruling Heaton's motion to suppress evidence of illegal drugs seized in his apartment after police officers had made an unannounced forcible entry to execute a search warrant.

On March 1, 1973, at 8:00 p. m., a Virginia Beach police officer obtained...

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