Johnson v. Commonwealth

James Harold Johnson, Jr., (Johnson) was found guilty after waiv ing trial by jury of possessing more than twenty-five grains of marijuana. His sentence was confinement in the penitentiary for twenty years and a $500.00 fine. Ten years of Johnson’s confinement were suspended. A writ of error and supersedeas was awarded to review the case.

The record necessitates consideration of two questions: (1) Whether Johnson was entrapped; and (2) Whether the last proviso of Code § 54-516, 1 under which Johnson was sentenced, was applicable to the possession of more than twenty-five grains of marijuana.

Con…