Gardner v. Commonwealth

Rex Allen Gardner was tried by a jury which found him guilty of distributing a controlled substance, Lysergic Acid Diethylamide (LSD), in violation of Code § 54-524.101:l1 IIand fixed his punish*6ment at confinement for five years in the State Penitentiary and payment of a $1 fine. Judgment was entered on the verdict. We granted Gardner a writ of error limited to the question whether the trial court erred in refusing to grant an instruction which would have pemitted the jury to find Gardner guilty of an accommodation distribution.

On June 29, 1974, Gardner, while hitchhiking in Blacksburg,…