Cotter v. Commonwealth

UPON A REHEARING EN BANC

On December 13, 1994, a panel of this Court affirmed appellant’s conviction for conspiracy to distribute cocaine and reversed his conviction for distribution of cocaine. Cotter v. Commonwealth, 19 Va.App. 382, 452 S.E.2d 20 (1994). A rehearing en banc was granted by this Court and heard on November 16, 1995. This case is controlled by McQuinn v. Commonwealth, 20 Va.App. 753, 460 S.E.2d 624 (1995) (en banc), which was decided subsequent to the panel decision. Here, as in McQuinn, appellant moved to strike the evidence at the conclusion of the Commonwealth’s case but…