MARLOWE v. COM.

Record No. 0410-85.

347 S.E.2d 167 (1986)

John Pierrepont MARLOWE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 5, 1986.


Attorney(s) appearing for the Case

Mark D. Cummings, David E. Sher (Jerilynn V. Chapman, Sher & Cummings, Arlington, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Panel: BAKER, COLEMAN and KEENAN, JJ.


COLEMAN, Judge.

John Pierrepont Marlowe appeals his convictions by a jury for enticement and aggravated sexual battery of two minors under the age of thirteen years. He contends: (1) that the Commonwealth's rebuttal argument to the jury violated his due process protections by interjecting facts not in evidence; and (2) that the court erred when, in response to a question submitted by the jury during deliberations, it stated that in order to convict it was not necessary...

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