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HAMBY v. COM.

Record No. 800929.

279 S.E.2d 163 (1981)

Larry Hugh HAMBY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 12, 1981.

Attorney(s) appearing for the Case

J. D. Morefield, Abingdon (John M. Lamie, Browning, Morefield, Schelin & Arrington, P.C., Abingdon, on the brief), for appellant.

Vera S. Warthen, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.

THOMPSON, Justice.

Larry Hugh Hamby was arrested and subsequently indicted on charges of possession of cocaine with intent to distribute, in violation of Code § 18.2-248. On January 28, 1980, Hamby was tried with a co-defendant and convicted by the court sitting without a jury. On March 20, 1980, the court fined Hamby $1,000 and sentenced him to ten years in the penitentiary.

During trial Hamby moved to suppress a quantity of cocaine seized from an unlocked...

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