McCutcheon v. Commonwealth

Code § 18.2-258.l(A)(iv) provides that it shall be unlawful for any person to obtain or attempt to obtain any drug “by the use of a false name.” * The defendant, David J. McCutcheon, was convicted under this provision and sentenced to three years’ imprisonment. The principal question in the case is whether the statute requires the Commonwealth to show a causal relationship between the use of a false name and the procurement of a drug.

The record shows that sometime prior to January 15, 1980, the defendant was injured in an automobile accident. He was treated for “broken bones” by a Dr. Durica,…