Newton v. Commonwealth

Supreme Court of Virginia

Newton v. Commonwealth

184 S.E.2d 808, 212 Va. 415, 1971 Va. LEXIS 363

Supreme Court of Virginia·Decided November 29, 1971·No. Record Nos. 7740 and 7741·Published

Opinion

Per Curiam.

The defendant, Franklin Scott Newton, waived a jury trial and was convicted by the trial court of statutory rape and incest.

Viewing the evidence in the light most favorable to the Commonwealth, we find it insufficient to establish penetration, an essential 'element of each of these offenses.

Therefore, we reverse the convictions and remand for new trials if the Commonwealth be so advised.

Reversed and remanded.

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Per Curiam.

The defendant, Franklin Scott Newton, waived a jury trial and was convicted by the trial court of statutory rape and incest.

Viewing the evidence in the light most favorable to the Commonwealth, we find it insufficient to establish penetration, an essential 'element of each of these offenses.

Therefore, we reverse the convictions and remand for new trials if the Commonwealth be so advised.

Reversed and remanded.

Newton v. Commonwealth, 184 S.E.2d 808, 212 Va. 415, 1971 Va. LEXIS 363 (Va. 1971).

Pincite

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