GATLING v. COM.

Record No. 0939-90-1.

414 S.E.2d 862 (1992)

Terrence GATLING v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 10, 1992.


Attorney(s) appearing for the Case

Ronald L. Smith, Hampton, for appellant.

Oliver L. Norrell, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, WILLIS and BRAY, JJ.


WILLIS, Judge.

Terrence Gatling, the appellant, was convicted by a jury of forcible sodomy and was sentenced to serve seven years in the penitentiary. On appeal, he contends that the trial court erred in denying his motion for a new trial based on after-discovered evidence. We agree and reverse the judgment of the trial court.

The victim, a seventeen year old first year college student, testified that on October 8, 1989, Gatling and six to nine other men raped...

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