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BROWN v. COMMONWEALTH

Record No. 740515.

213 S.E.2d 764 (1975)

215 Va. 753

Harry William BROWN v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 28, 1975.

Attorney(s) appearing for the Case

John L. Gregory, III, Martinsville (R. Reid Young, Jr., Young, Kiser, Haskins & Mann, Ltd., Martinsville, on brief), for plaintiff in error.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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

COCHRAN, Justice.

Harry William Brown was tried by a jury which found him guilty of distributing heroin and fixed his punishment at confinement for five years in the State Penitentiary and payment of a $2,500 fine. To the judgment order entered on the verdict we granted Brown a writ of error limited to the question whether the trial court erred in granting Instruction 6,1 which permitted the jury to find Brown guilty of a higher offense...

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