FISHER v. COM.

Record No. 0740-89-3.

397 S.E.2d 901 (1990)

Early N. FISHER, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 13, 1990.


Attorney(s) appearing for the Case

Gordon W. Poindexter, Jr. (Poindexter, Schorsch & Patterson, Waynesboro, on brief), for appellant.

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

Present: COLEMAN, COLE and WILLIS, JJ.


COLEMAN, Judge.

Early Fisher was convicted in a jury trial of aggravated sexual battery of his sixyear-old step-granddaughter. After the conviction, Fisher filed a motion for a new trial alleging that following the trial he discovered evidence which was not previously available to him and which he could not have obtained through the exercise of due diligence. Fisher asserts that the evidence discredits the complainant and upon retrial, would likely result in an acquittal...

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