NEWTON v. COMMONWEALTH


184 S.E.2d 808 (1971)

212 Va. 415

Franklin Scott NEWTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 29, 1971.


Attorney(s) appearing for the Case

G. Louis Oleyar, Jr., Stafford, for plaintiff in error.

Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.


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...

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