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KIZER v. COM.

Record No. 831968.

321 S.E.2d 291 (1984)

Edward Alan KIZER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 12, 1984.

Attorney(s) appearing for the Case

John O. Goss, Norfolk (Goss & Micheli, Norfolk, on brief), for appellant.

Jacqueline G. Epps, Sr. Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Present: All the Justices.

COMPTON, Justice.

In this appeal of a conviction for marital rape, we apply the rule of Weishaupt v. Commonwealth, 227 Va. 389, 315 S.E.2d 847 (1984), to the facts of this case. In Weishaupt, we held that:

"[A] wife can unilaterally revoke her implied consent to marital sex where ... she has made manifest her intent to terminate the marital relationship by living...

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