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 failed to do so at the conclusion of all the evidence. Appellants in both cases moved to set aside the jury’s verdict. In McQuinn the only reason given for the motion to set aside the verdict was that the verdict was “contrary to the law and the evidence.” In the case before us, the court’s order stated that the motion to set aside the verdict was made “for the reasons stated to the record.” The record, however, contains no “reasons” for the motion and at oral argument counsel conceded that the reason given was that the verdict was contrary to the law and the evidence.
For the foregoing reasons and the reasons stated in McQuinn, the opinion previously rendered by a panel of this Court is withdrawn, the mandate entered on that date is vacated and the judgment of the trial court is affirmed. The appellant shall pay to the Commonwealth thirty dollars damages.