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McCALL v. COMMONWEALTH

65 S.E.2d 540 (1951)

192 Va. 422

McCALL v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

June 18, 1951.

Attorney(s) appearing for the Case

James N. Garrett, Portsmouth, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen, Thomas M. Miller, Asst. Atty. Gen, for the Commonwealth.

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

EGGLESTON, Justice.

Joseph F. McCall, hereinafter referred to as the defendant, was indicted for the rape of Barbara Anne McGee, a female child of the age of nine years. Code, § 18-54. Upon completion of the Commonwealth's evidence the defendant moved to strike it as insufficient to establish the crime of rape. The motion was overruled and the defendant stood upon this motion and offered no evidence. The jury found...

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