THARP v. COM.

Record No. 791535.

270 S.E.2d 752 (1980)

Bruce THARP v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 10, 1980.


Attorney(s) appearing for the Case

C. Jerry Franklin, Hampton (Hansen & Franklin, Hampton, on brief), for appellant.

Robert E. Bradenham, II, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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


COMPTON, Justice.

Convicted in a jury trial of rape and sodomy, defendant Bruce Tharp was sentenced in accordance with the verdict to the penitentiary for ten years and fives years, respectively. The dispositive question on appeal is whether an inculpatory statement made by defendant should have been excluded from evidence because it was obtained incident to an alleged unlawful arrest.

The offenses occurred in the City of Hampton near midnight on Friday, May...

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