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LEAR v. COMMONWEALTH

77 S.E.2d 424 (1953)

195 Va. 187

LEAR v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

September 10, 1953.

Attorney(s) appearing for the Case

Harry Blatt, Julian K. Hickman, Harrisburg, for plaintiff in error.

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

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

SPRATLEY, Justice.

Noah Thomas Lear was tried in the Circuit Court of Rockingham County, Virginia, upon an indictment which charged that he, "on or about the 17th day of June, 1951, in said County, with force and arms, in and upon one Ogretta Jane Dove, a female child under the age of sixteen years, to-wit, of the age of thirteen (13) years, unlawfully and feloniously did make an assault, and her, the said Ogretta Jane Dove, unlawfully and feloniously did carnally...

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