HARRISON v. COM.

Record No. 1934-89-3.

405 S.E.2d 854 (1991)

Kenneth Allen HARRISON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 4, 1991.


Attorney(s) appearing for the Case

R. Keith Neely, Christiansburg, for appellant.

Kathleen B. Martin, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BARROW and MOON, JJ.


MOON, Judge.

We reverse Kenneth Allen Harrison's conviction of possession of cocaine, amphetamine, and psilocybin with the intent to distribute because the trial court erred in refusing to give a jury instruction on the lesser-included offense of possession of the drugs.

On February 17, 1989, officers executed a search warrant at a residence in Chilhowie, Smyth County, Virginia. The officers knocked on the door and, receiving no response, forced it open. Once...

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