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BATTLE v. COM.

Record No. 1106-89-2.

406 S.E.2d 195 (1991)

Victor Damon BATTLE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 11, 1991.

Attorney(s) appearing for the Case

John B. Boatwright, III (Boatwright & Linka, on briefs) Richmond, for appellant.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for Com.

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

BENTON, Judge.

Victor D. Battle was convicted by a jury for possessing cocaine and for possessing paraphernalia. On this appeal, he raises the questions whether balance scales are controlled paraphernalia as defined by Code § 54.1-3466 and whether the trial judge erred in refusing to dismiss indictments of enhanced offenses that were obtained after the trial judge granted the Commonwealth's motion to nolle prosequi...

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