George Wood v. Commonwealth

George Wood, Jr., defendant, was arraigned on an indictment which charged that on February 17, 1971, he “did unlawfully, wilfully and feloniously have in his possession and sell a controlled drug, to-wit: Marijuana, in violation of § 54-524.101 (a) of the Code of Virginia (1950), as amended.” The defendant moved to quash the indictment on the ground that the act charged in the indictment was, under Code §§ 54-524.55 and 54-524.106, a misdemeanor and not a felony as charged in the indictment.

The trial court held that since the indictment specifically charged a violation of § 54-524.101 (a), 1…