Hinton v. Commonwealth

Opinion

BRAY, J.

Calvin Hinton (defendant) was convicted of distribution of cocaine and sentenced in accordance with the jury’s verdict to five years imprisonment. On appeal, he contends that the Commonwealth failed to prove the corpus delicti of the charge. We agree and reverse.

The evidence disclosed that, while “on routine patrol” during the early morning hours of October 8, 1990, Deputy Sheriff T. E. Gibbs (Gibbs) observed defendant “standing . . . beside the driver’s door” of a “Jeep,” “apparently talking to the person inside.” Suddenly, “[sjomeone yelled, ‘5-0,’ ” the “Jeep pulled off at a…