TURNER v. COM.

Record No. 822215.

309 S.E.2d 337 (1983)

Carroll Eugene TURNER, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

December 2, 1983.


Attorney(s) appearing for the Case

J. Murrell Daniel, Lynchburg, for appellant.

Robert B. Condon, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

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


THOMAS, Justice.

Carroll Eugene Turner, Jr., was tried by a jury and convicted of operating "an illegal gambling enterprise, activity or operation" in violation of Code § 18.2-328. On appeal, Turner contends, among other things, that the evidence was insufficient to prove he was an "operator" as that term is defined in the gambling statute. We agree with Turner and will reverse his conviction.

Turner's arrest resulted from an undercover surveillance operation...

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