King v. Commonwealth

Ricky King has appealed his conviction by a jury of three separate charges of selling marijuana in violation of Virginia Code § 18.2-248. His punishment was fixed at confinement in the penitentiary for a period of six years in each case, and the trial court entered judgments accordingly. The dispositive issue involved on appeal is the refusal of the trial court to instruct the jury that it could find the defendant guilty of an accommodation distribution.

The testimony showed that the defendant sold marijuana to Peter T. Moorman, an undercover agent employed by the Sheriff of Franklin County,…