MARTIN v. COM.

Record No. 0801-86-1.

358 S.E.2d 415 (1987)

Michael Eugene MARTIN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 21, 1987.


Attorney(s) appearing for the Case

Gregory M. Pomije, Portsmouth, for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, COLEMAN and HODGES, JJ.


JOSEPH E. BAKER, Judge.

Michael Eugene Martin (appellant) appeals a judgment of the Circuit Court of the City of Chesapeake (trial court) convicting him of violating Code § 18.2-67.1 (forcible sodomy). Appellant raises two issues on appeal: (1) whether the trial court erred in admitting an extrajudicial statement by the victim under the excited utterance exception to the hearsay rule; and (2) whether the evidence was sufficient to sustain the conviction.

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