MURPHY v. COM.

Record No. 1459-98-4.

521 S.E.2d 301 (1999)

31 Va. App. 70

Brian Joseph MURPHY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 23, 1999.


Attorney(s) appearing for the Case

John Kenneth Zwerling (Zwerling & Kemler, P.C., on briefs), Alexandria, for appellant.

Michael T. Judge, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON and ANNUNZIATA, JJ., and DUFF, Senior Judge.


ANNUNZIATA, Judge.

Brian J. Murphy ("appellant") was tried by jury for manufacturing marijuana for his own use, in violation of Code § 18.2-248.1(c). Appellant was acquitted of the charge but convicted of possession of marijuana. The jury fixed his punishment at thirty days in jail and a fine of $250. He contends on appeal that the trial court erred when it declined to find applicable to the charge of possession of marijuana the common law defense of necessity...

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