BRYANT v. COMMONWEALTH

Record No. 750183.

219 S.E.2d 669 (1975)

David Joe BRYANT v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

December 1, 1975.


Attorney(s) appearing for the Case

Henry A. Whitehurst, Christiansburg (Gillis, Whitehurst & Obenshain, Christiansburg, on brief), for plaintiff in error.

Stuart Bateman, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


PER CURIAM.

David Joe Bryant was found guilty by a jury of rape and was sentenced to serve five years in the penitentiary. We have limited his appeal to a consideration of the action of the court below in refusing to grant an instruction tendered by the defendant.

The background of this case is that the victim, age twenty-one, married, and a resident of Roanoke, frequented a roadhouse known as the Christiansburg Grill in Montgomery County during the early...

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