Murphy v. Commonwealth

ANNUNZIATA, Judge.

Brian J. Murphy (“appellant”) was tried by jury for manufacturing marijuana for his own use, in violation of Code § 18.2-248.1(c). Appellant was acquitted of the charge but convicted of possession of marijuana. The jury fixed his punishment at thirty days in jail and a fine of $250. He contends on appeal that the trial court erred when it declined to find applicable to the charge of possession of marijuana the common law defense of necessity and erred in refusing a jury instruction on the issue. We find, as a matter of law, that under the circumstances of this case, the…