HINTON v. COM.

Record No. 0746-91-2.

421 S.E.2d 35 (1992)

Calvin HINTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 8, 1992.


Attorney(s) appearing for the Case

Charles C. Cosby, Jr. (Andrea C. Long; Boone, Beale, Carpenter & Cosby, on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: DUFF, WILLIS and BRAY, JJ.


BRAY, Judge.

Calvin Hinton (defendant) was convicted of distribution of cocaine and sentenced in accordance with the jury's verdict to five years imprisonment. On appeal, he contends that the Commonwealth failed to prove the corpus delicti of the charge. We agree and reverse.1

The evidence disclosed that, while "on routine patrol" during the early morning hours of October 8, 1990, Deputy Sheriff T.E. Gibbs (Gibbs) observed defendant...

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