BROWN v. COM.

Record No. 0747-92-4.

442 S.E.2d 421 (1994)

Donald Conovan BROWN, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 5, 1994.


Attorney(s) appearing for the Case

Denman A. Rucker (Rucker & Rucker, on brief), for appellant.

Kathleen Martin, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., Virginia B. Theisen, Asst. Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and FITZPATRICK, JJ.


BARROW, Judge.

This criminal appeal is from a judgment of conviction for distributing cocaine and for doing so within 1000 feet of a school. We hold that evidence that the defendant was seen exchanging something with an unidentified man approximately twenty minutes before the alleged sale with which he was charged was inadmissible because it served no purpose except to show the defendant's propensity to commit crime. For this reason, we reverse.

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