Snead v. Commonwealth

Opinion

KOONTZ, C.J.

Leonard Wesley Snead was convicted in a bench trial of unlawfully and feloniously operating a gambling enterprise in violation of Code § 18.2-328. On appeal, Snead argues that: (1) the trial court erred in admitting into evidence a taped telephone conversation from a person who identified himself as “Leonard Snead;” and (2) the evidence was insufficient to sustain a conviction of operating an illegal gambling enterprise. For the reasons stated below, we conclude that the trial court erred and reverse.

The essential facts are not in dispute. On February 7, 1985, the Virginia…