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McCUTCHEON v. COM.

Record No. 811716.

294 S.E.2d 808 (1982)

David J. McCUTCHEON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 9, 1982.

Attorney(s) appearing for the Case

Lawrence W. Fary, Portsmouth (Walton G. Bondurant, Jr., Portsmouth, on brief), for appellant.

J. Steven Sheppard, III, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

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

CARRICO, Chief Justice.

Code § 18.2-258.1(A)(iv) provides that it shall be unlawful for any person to obtain or attempt to obtain any drug "by the use of a false name."* The defendant, David J. McCutcheon, was convicted under this provision and sentenced to three years' imprisonment. The principal question in the case is whether the statute requires the Commonwealth to show a causal relationship between the use of a false name and...

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