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SUTTON v. COM.

Record Nos. 831787, 831788.

324 S.E.2d 665 (1985)

Raymond Lee SUTTON v. COMMONWEALTH of Virginia. Virginia Gray SUTTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 18, 1985.

Attorney(s) appearing for the Case

Alvin B. Fox, Newport News (Fox, Wittan & Reiss, P.C., Newport News, on brief), for appellant in No. 831787.

Robert Q. Harris, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee in both cases.

G. Mark Ailsworth, Newport News (Mulkey & Ailsworth, Newport News, on brief), for appellant in No. 831788.

Present: All the Justices.

COCHRAN, Justice.

In a joint trial, the trial court, sitting without a jury, convicted Raymond Lee Sutton and Virginia Gray Sutton, his wife, of the rape of Virginia's 15-year-old niece on July 23, 1982. Virginia was convicted as a principal in the second degree. The court sentenced each to confinement in the penitentiary for 30 years. In separate appeals, consolidated for argument, each contends that the evidence is not...

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