OSBORNE v. COMMONWEALTH


204 S.E.2d 289 (1974)

Dale Clinton OSBORNE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 22, 1974.


Attorney(s) appearing for the Case

Paul H. Miller, III, Goochland, for plaintiff in error.

Wilburn C. Dibling, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


PER CURIAM.

The defendant, Dale Clinton Osborne, was indicted, tried before a jury, and convicted of statutory rape, Code § 18.1-44, of his fifteen-year-old stepdaughter. The trial court sentenced him to serve a term of 20 years in the state penitentiary, the penalty fixed by the jury.

We granted a writ of error to review the defendant's claim that the trial court erred in admitting evidence of privileged communications between him and his wife contrary...

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