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SMITH v. COM.

Record No. 1765-93-1.

453 S.E.2d 572 (1995)

Samuel Quentin SMITH, Jr., s/k/a Samuel Quinton Smith, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 7, 1995.

Attorney(s) appearing for the Case

Howard M. Miller (St. Clair, Miller & Marx, P.C., on brief), for appellant.

Katherine P. Baldwin, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: BAKER, WILLIS and ELDER, JJ.

ELDER, Judge.

Samuel Quentin Smith, Jr. appeals his conviction for conspiracy to distribute cocaine in violation of Code § 18.2-256. Smith contends: (1) the trial court erred in allowing the Commonwealth to introduce into evidence a defense witness's signed stipulation of facts from a prior trial; and (2) the evidence was insufficient to establish beyond a reasonable doubt that he conspired to distribute cocaine. Because we hold that the stipulation of facts...

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