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JOHNSON v. COM.

Record No. 1462-00-3.

590 S.E.2d 75 (2003)

42 Va. App. 46

Barney JOHNSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 23, 2003.

Attorney(s) appearing for the Case

David B. Hargett (Hargett & Watson, on brief), Richmond, for appellant.

Josephine F. Whalen, Assistant Attorney General (Jerry W. Kilgore, Attorney General; H. Elizabeth Shaffer, Assistant Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BUMGARDNER and FRANK, JJ.

FRANK, Judge.

Barney Johnson (appellant) was convicted by a jury of two counts of distributing morphine, in violation of Code § 18.2-248, and one count of conspiracy to distribute morphine, in violation of Code § 18.2-256. On appeal, he contends the trial court erred in denying a cautionary instruction on the uncorroborated testimony of an accomplice. We find the accomplice's testimony was corroborated, thus we affirm the convictions.

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