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ALBERT v. COM.

Record No. 0184-85.

347 S.E.2d 534 (1986)

Alphonso ALBERT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 19, 1986.

Attorney(s) appearing for the Case

William P. Robinson, Jr. (Robinson, Eichler, Zaleski & Mason, Norfolk, on brief), for appellant.

John H. McLees, Jr., Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Present: KEENAN, BENTON and HODGES, JJ.

HODGES, Judge.

While Alphonso Albert was being arrested on unrelated charges, drugs and drug paraphernalia spilled from a briefcase kicked over by one of the arresting officers. Based on the seizure of the contraband, Albert was indicted for possession of cocaine with the intent to distribute. After the Commonwealth rested its case, the trial court granted the defendant's motion to strike the evidence as to possession with intent to distribute and the jury found Albert...

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