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SPEAR v. COM.

Record No. 791359.

270 S.E.2d 737 (1980)

Kenneth David SPEAR v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 10, 1980.

Attorney(s) appearing for the Case

Gordon H. Shapiro, Jonathan S. Kurtin, Roanoke (Harvey S. Lutins, Lutins, Shapiro & Albert, Roanoke, on brief), for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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

HARRISON, Justice.

Kenneth David Spear was tried on an indictment which charged that he "unlawfully and feloniously did manufacture with intent to distribute a controlled substance, to wit: methamphetamine, a Schedule I controlled substance." Virginia Code § 18.2-248. He was found guilty and sentenced to serve a term of ten years in the penitentiary and to pay a fine of $10,000. The verdict returned by the jury reads, in pertinent part, as follows: "We, the jury...

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