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MATTHEWS v. COMMONWEALTH

Record No. 761341.

235 S.E.2d 306 (1977)

Phillip Lacy MATTHEWS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 10, 1977.

Attorney(s) appearing for the Case

Joshua Pretlow, Jr., Suffolk (Pretlow, Pretlow & Moore, P. C., Suffolk, on brief), for plaintiff in error.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Anthony F. Troy, Atty. Gen., on brief), for defendant in error.

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

PER CURIAM.

Convicted and sentenced for possessing marijuana, the defendant, Phillip Lacy Matthews, seeks reversal, claiming his conviction is erroneous because based upon evidence obtained as a result of an illegal search and seizure. Finding the defendant's claim meritorious, we reverse.

The evidence shows that on December 27, 1975, Trooper R. H. McKinney of the Virginia State Police stopped the defendant for speeding. While talking to the defendant, the...

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