WELLFORD v. COM.

Record No. 830481.

315 S.E.2d 235 (1984)

Cary Montague WELLFORD v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 27, 1984.


Attorney(s) appearing for the Case

Michael D. Morchower, Richmond (Eric D. White, Morchower & Luxton, Richmond, on briefs), for appellant.

James E. Kulp, Sr. Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Before CARRICO, C.J., POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ., and GORDON, Retired Justice.


COMPTON, Justice.

In this marijuana case, the sole question is whether the contraband was located within the curtilage of a dwelling or within an open field when subjected to a warrantless search and seizure.

Indicted for feloniously manufacturing marijuana not for his own use, Code § 18.2-248.1(c), Cary Montague Wellford was found guilty by a jury of possession of the drug. Confirming the verdict, the trial court sentenced defendant to jail for 30 days...

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