TURNER v. COM.

Record No. 1577-90-3.

420 S.E.2d 235 (1992)

Chester Ralph TURNER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 16, 1992.


Attorney(s) appearing for the Case

John H. Kennett, Jr., Roanoke, for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and COLEMAN and ELDER, JJ.


COLEMAN, Judge.

Chester Ralph Turner appeals his convictions on two counts of possessing with intent to distribute oxycodone, also known as Percocet, a Schedule II controlled substance, in violation of Code § 18.2-248. Turner presents two issues of first impression in Virginia. First, he argues that the trial court erred by refusing to suppress the evidence seized from his home because the search warrant was not executed "forthwith" as required by Code §...

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