Commonwealth v. Mason

By JUDGE HENRY H. WHITING

In these cases the defendant is charged with the felony of obtaining a sum in excess of $200 by false pretenses selling a substance he allegedly described as cocaine to a State Trooper but which was apparently pancake flour in violation of Virginia Code $ 18.2-178, and with the misdemeanor of selling an imitation controlled substance in violation of Virginia Code § 18.2-248(d). The defendant has made a motion to quash the indictment on two grounds:(1) "False pretenses cannot lie for the failure of defendant to perform an illegal contract”; and(2) "The conduct…