WHITTINGTON v. COM.

Record No. 0217-85.

361 S.E.2d 449 (1987)

Lee Gary WHITTINGTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

October 20, 1987.


Attorney(s) appearing for the Case

Paul C. Bland, Petersburg, for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (William G. Broaddus, Atty. Gen., on brief), for appellee.

Present: BARROW, DUFF and MOON, JJ.


BARROW, Judge.

In this appeal of a rape conviction Whittington argues that the trial court erred in denying his motion for a new trial based upon after-discovered evidence. We agree, concluding that the trial court abused its discretion in denying Whittington's motion for a new trial. Accordingly, we vacate the judgment, and remand the proceeding to the trial court for a new trial.

The victim, a twenty-one year old Army private stationed at Fort Lee, Virginia...

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