CROSS v. COMMONWEALTH


77 S.E.2d 447 (1953)

195 Va. 62

CROSS v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

September 10, 1953.


Attorney(s) appearing for the Case

Major M. Hillard, Portsmouth, Broudy & Broudy, Norfolk, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen., C. F. Hicks, Asst. Atty. Gen, for the Commonwealth.

Before HUDGINS, C.J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.


HUDGINS, Chief Justice.

This writ of error brings under review the second trial of Robert O. Cross, on an indictment charging him with raping Patricia Nelson, a six-year-old girl. This Court, on review of the first trial, reversed the judgment, set aside the verdict fixing defendant's punishment at life imprisonment, on the ground that the evidence was insufficient to sustain the conviction, and remanded the case for a new trial "if the Commonwealth be so advised...

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