SCHRUM v. COM.

Record No. 771736.

246 S.E.2d 893 (1978)

Lewis Arthur SCHRUM v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 31, 1978.


Attorney(s) appearing for the Case

Conrad C. Lewane, Richmond, for plaintiff in error.

Robert E. Bradenham, II, Asst. Atty. Gen., Richmond (Marshall Coleman, Atty. Gen., Richmond, on brief), for defendant in error.

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


HARRISON, Justice.

Lewis Arthur Schrum was convicted by a jury of rape and his punishment was fixed at confinement in the state penitentiary for a period of five years. This appeal questions both the sufficiency of the evidence to convict and the action of the trial court in allowing the admission of testimony dealing with the defendant's exercise of his Fifth Amendment right to remain silent at the time of his arrest.

Appellant's wife engaged the prosecutrix...

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