SMITH v. COM.

Record No. 0320-92-1.

432 S.E.2d 1 (1993)

Calvin SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 22, 1993.


Attorney(s) appearing for the Case

Theresa B. Berry (Office of the Public Defender, on brief), for appellant.

Janet F. Rosser, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW, and BENTON, JJ.


BENTON, Judge.

Calvin Smith was convicted of attempted possession of cocaine. He contends that the evidence was insufficient to support the conviction. For the reasons that follow, we reverse the conviction.

I.

The evidence proved that a police officer dressed in plain clothes walked along a street in the City of Virginia Beach at 10:20 p.m. posing as a street level drug dealer. The officer had in his possession macadamia nuts that he said were ...

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