COTTER v. COM.

Record No. 0367-93-2.

452 S.E.2d 20 (1994)

Bobbie L. COTTER, s/k/a Bobby L. Cotter v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing En Banc Granted May 1, 1995.


Attorney(s) appearing for the Case

H. Otis Brown, Petersburg, for appellant.

Robert B. Beasley, Jr., Asst. Atty. Gen., (James S. Gilmore, III, Atty. Gen., Leah A. Darron, Asst. Atty. Gen., on brief), for appellee.

Before BARROW, KOONTZ and ELDER, JJ.


BARROW, Judge.

The defendant appeals convictions of conspiring to distribute cocaine and of distributing cocaine. We hold that, while the evidence is sufficient to support the conviction for conspiracy, it was insufficient to support the conviction for distribution. We do so because the distribution of the cocaine made by the defendant's co-conspirator, his wife, was not shown to be part of the conspiracy between them.

A police informant testified concerning...

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