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SCALES v. COMMONWEALTH

204 S.E.2d 273 (1974)

Everett Augustus SCALES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

Rehearing Denied June 10, 1974.

Attorney(s) appearing for the Case

J. Flowers Mark, Alexandria (James M. Lowe, George L. Shetler, Cullen B. Jones, Jr., Lowe & Mark, Alexandria, 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 I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

Everett Augustus Scales was indicted by a grand jury in the lower court for the distribution of heroin. He filed with the court a motion to quash the indictment on the ground that the grand jury had been unconstitutionally constituted. A hearing was had and the defendant's motion was denied.1 Scales was found guilty of the offense charged and brings this appeal to contest the denial of his motion.

Defendant contends...

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