Lewis v. Commonwealth

Opinion

BENTON, J.

The sole issue in this appeal is whether the evidence was sufficient to prove beyond a reasonable doubt that Fred D. Lewis attempted to deliver marijuana to a prisoner in violation of Code § 18.2-474.1. We reverse the conviction.

I

The evidence proved that the Commonwealth’s primary witness, Kenneth W. Silvey, was incarcerated in the James River Correctional Center serving a sentence of thirty years for felonies of rape and sodomy. Silvey testified that he obtained large quantities of money through illegal transactions with other prisoners and kept money in the correctional…