CUMBEE v. COM.

Record No. 781091.

254 S.E.2d 112 (1979)

Bobby Joe CUMBEE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 20, 1979.


Attorney(s) appearing for the Case

James E. Cornwell, Jr., Narrows (Warren, Cornwell & Gibb, P.C., Narrows, on brief), for appellant.

Guy W. Horsley, Jr., Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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


COMPTON, Justice.

Indicted for committing fornication with his fourteen-year-old daughter, Bobby Joe Cumbee was found guilty by a jury and sentenced in accordance with the verdict to confinement in the penitentiary for a term of five years. The principal issue on appeal is whether defendant's constitutional right to a public trial was abridged.

At the beginning of the trial and before the first witness, the victim, had begun to testify, the prosecutor stated...

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