BAILEY v. COMMONWEALTH

Record No. 0153-94-2.

451 S.E.2d 686 (1994)

John Clifton BAILEY, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

December 13, 1994.


Attorney(s) appearing for the Case

Buddy A. Ward, Public Defender (Office of the Public Defender, on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: BENTON and FITZPATRICK, JJ., and COLE, Senior Judge.


BENTON, Judge.

John Clifton Bailey, Jr., appeals from the revocation of six months of a suspended prison sentence. He contends that (1) the trial judge erred by admitting in evidence a laboratory report as a business record exception to the hearsay rule, (2) the laboratory report was insufficient to prove that he used cocaine, and (3) the evidence was insufficient to prove that he used cocaine during the probation period. We agree that the evidence failed to prove...

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