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KING v. COM.

Record No. 771273.

247 S.E.2d 368 (1978)

Ricky KING v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 31, 1978.

Attorney(s) appearing for the Case

David A. Melesco, Rocky Mount (Melesco & McLaughlin, P. C., Rocky Mount, on brief), for plaintiff in error.

Jerry P. Slonaker, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for defendant in error.

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

PER CURIAM.

Ricky King has appealed his conviction by a jury of three separate charges of selling marijuana in violation of Virginia Code § 18.2-248. His punishment was fixed at confinement in the penitentiary for a period of six years in each case, and the trial court entered judgments accordingly. The dispositive issue involved on appeal is the refusal of the trial court to instruct the jury that it could find the defendant guilty of an accommodation distribution...

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