Newton v. Commonwealth

Supreme Court of Virginia

Newton v. Commonwealth

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

CourtSupreme Court of Virginia

DecidedNovember 29, 1971

DocketRecord Nos. 7740 and 7741

StatusPublished

This text of 184 S.E.2d 808 (Newton v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

184 S.E.2d 808, 212 Va. 415, 1971 Va. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-commonwealth-va-1971.