Spear v. Commonwealth
In Spear v. Commonwealth, 221 Va. 450, 457, 270 S.E.2d 737, 742 (1980), the defendant was charged with manufacturing with intent to distribute methamphetamine.
He was convicted after a jury trial of "manufacturing methamphetamine, or possession of methamphetamine with intent to manufacture methamphetamine."
The defendant argued that the trial court erred in instructing the jury that, if they found that the defendant manufactured methamphetamine or possessed methamphetamine with the intent to manufacture, they should find him guilty.
The defendant argued that it was impossible to determine from the verdict whether he was convicted of manufacturing methamphetamine or possession with intent to manufacture methamphetamine.
The Supreme Court reversed the conviction, holding that "manufacturing and possession with intent to manufacture are not one and the same" and the trial court had erred in granting an instruction which allowed the jury to find the defendant guilty of manufacturing upon proof that he possessed with the intent to manufacture. 221 Va. at 457, 270 S.E.2d at 741-42.
However, in further addressing the distinctions between the offenses, the Court stated that "the intentional possession of methamphetamine is a lesser included offense of manufacturing." Id. at 457, 270 S.E.2d at 742.