Legal Opinion

Bowman v. Commonwealth

Court of Appeals of Virginia

Decided November 6, 1990No. Record Nos. 1218-88-2, 0217-89-2PublishedCited by 5 opinions

1Opinion of the Court

*261Opinion

DUFF, J.

In this appeal we must determine whether a conviction for distribution of narcotics bars a subsequent prosecution of the same defendant for conspiracies to distribute narcotics on dates different from that of the distribution conviction. We hold that the distribution conviction is not a bar to the conspiracy convictions, as the conspiracy convictions did not involve the particular acts upon which the substantive conviction was based. However, as we find that there was one overall, ongoing conspiracy encompassing various transactions, the second conspiracy prosecution is barred…

2Cases cited18 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Higginbotham v. CommonwealthSupreme Court of Virginia · 1975
  3. Cantrell v. CommonwealthCourt of Appeals of Virginia · 1988
  4. Floyd v. CommonwealthSupreme Court of Virginia · 1978
  5. United States v. MacDougallCourt of Appeals for the Fourth Circuit · 1986

13 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Stevens v. CommonwealthCourt of Appeals of Virginia · 1992
  2. Bolton v. CommonwealthCourt of Appeals of Virginia · 1994
  3. Bowman v. CommonwealthCourt of Appeals of Virginia · 1990
  4. Delmah Rapheal Poindexter v. CommonwealthCourt of Appeals of Virginia · 1999
  5. Jeanette Lee Kenowitz v. CommonwealthCourt of Appeals of Virginia · 1997

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