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LIVINGSTON v. COM.

No. 2061-94-2.

466 S.E.2d 757 (1996)

21 Va. App. 621

Gill Frederick LIVINGSTON, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 13, 1996.

Attorney(s) appearing for the Case

J.W. Harman, Jr. (Harman and Harman, P.C., on brief), Tazewell, for appellant.

Richard H. Rizk, Assistant Attorney General (James S. Gilmore, III, Attorney General; Leah A. Darron, Assistant Attorney General, on brief), for appellee.

Present: MOON, C.J., and ELDER and FITZPATRICK, JJ.

FITZPATRICK, Judge.

Gill F. Livingston (appellant) was convicted in a jury trial of possession of marijuana in violation of Code § 18.2-250.1. On appeal, he argues that the trial court erred in: (1) denying his motion to suppress the drugs seized from his home because the warrant to search his home was issued based upon information provided by his wife; and (2) refusing to impanel a new jury for sentencing when the Commonwealth's attorney made an improper comment...

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