LEWIS v. COM.

Record No. 1000-91-2.

423 S.E.2d 371 (1992)

Fred D. LEWIS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 17, 1992.


Attorney(s) appearing for the Case

John M. Williamson, Goochland, for appellant.

Oliver L. Norrell, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BENTON, COLEMAN and FITZPATRICK, JJ.


BENTON, Judge.

The sole issue in this appeal is whether the evidence was sufficient to prove beyond a reasonable doubt that Fred D. Lewis attempted to deliver marijuana to a prisoner in violation of Code § 18.2-474.1. We reverse the conviction.

I.

The evidence proved that the Commonwealth's primary witness, Kenneth W. Silvey, was incarcerated in the James River Correctional Center serving a sentence of thirty years for felonies of rape and sodomy...

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