KIRBY v. COM.

Record No. 2116-92-2.

451 S.E.2d 53 (1994)

Mack KIRBY, a/k/a Willie Matthew Kirby v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

December 6, 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, WILLIS and ELDER, JJ.


WILLIS, Judge.

On appeal of his conviction for distribution of cocaine, Mack Kirby contends (1) that the Commonwealth failed to establish that the cocaine analyzed by the laboratory was acquired from him; (2) that the evidence was insufficient to support his conviction; and (3) that the trial court erred in denying his motion to set aside the verdict and to award him a new trial. We find the chain of possession and the evidence sufficient. However, we find that the...

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