RHODES v. COM.

Record No. 1882-89-2.

404 S.E.2d 522 (1991)

Alvin RHODES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 7, 1991.


Attorney(s) appearing for the Case

C. Ridgeway Schuyler, III (Rae H. Ely & Associates, on briefs), for appellant.

John H. McLees, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Birdie H. Jamison, Asst. Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and COLE, JJ.


BARROW, Judge.

This criminal appeal challenges the sufficiency of the evidence to support the defendant's conviction of distributing an imitation controlled substance. We conclude that the evidence was insufficient to support the conviction. In doing so, we hold that an imitation controlled substance, as defined by Code § 18.2-247(B), must be one which has a disposition or tendency to be misused.

On September 29, 1988, the defendant sold a small vial...

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