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FAGAN v. COM.

Record No. 781620.

261 S.E.2d 320 (1980)

Scott Allan FAGAN v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 11, 1980.

Attorney(s) appearing for the Case

George D. Gold, Miami, Fla. (John C. Keith, Blankingship & Keith, Fairfax, Moran & Gold, Miami, Fla., on brief), for appellant.

Thomas D. Bagwell, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

HARRISON, Justice.

Scott Allan Fagan waived trial by jury and was convicted by the court below of possessing with intent to distribute marijuana, a controlled substance, in violation of Code § 18.2-248.

At 7:30 p. m. on September 21, 1977, Captain J. L. Higgins, Jr., of the Albemarle County Sheriff's Department, executed an affidavit to obtain a search warrant to search a mobile home in that county for marijuana. The premises to be searched were minutely...

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