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DUSENBERY v. COM.

Record No. 790714.

263 S.E.2d 392 (1980)

William Donald DUSENBERY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 29, 1980.

Attorney(s) appearing for the Case

Timothy S. Wright, Chesapeake (Basnight & Creekmore, Chesapeake, P. C., on brief), for appellant.

Jim L. Chin, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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

PER CURIAM.

Indicted for rape of "T... M... against her will and by force, in violation of Section 18.2-61" of the Code, William Donald Dusenbery was convicted in a bench trial and sentenced to confinement in the penitentiary for five years. Upon consideration of a presentence report, the trial court suspended the sentence and placed defendant on indefinite probation.

At approximately 10:30 p. m. on September 16, 1978, T... M... and J... G..., both 16 years...

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