Hudspith v. Commonwealth

Opinion

KOONTZ, J.

Diana Stuart Hudspith (Hudspith) was convicted in a jury trial of distributing more than one-half ounce but not more than five pounds of marijuana in violation of Code § 18.2-248.1. On appeal, Hudspith contends that the trial court erred in refusing to instruct the jury on accommodation distribution. We find that the evidence did not support an accommodation instruction. Accordingly, we affirm Hudspith’s conviction.

The pertinent facts are not in dispute. On October 7, 1991, Detective S.W. Ainsworth, an undercover narcotics officer for the Pulaski Police Department, went to…