MERY v. COM.

Record No. 0523-89-4.

407 S.E.2d 18 (1991)

Javier Antonio MERY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 1, 1991.


Attorney(s) appearing for the Case

James B. Slaughter, Sr. Asst. Public Defender (Diane M. Wells, Asst. Public Defender, Office of the Public Defender, on briefs), for appellant.

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

Present: KOONTZ, C.J., and BENTON and KEENAN, JJ.


OPINION

KEENAN, Judge.

Javier Mery was convicted by a jury of rape. In this appeal, he contends that the trial court erred in refusing his request for a jury instruction on the issue of consent. We find that under the evidence presented, consent was a principle of law vital to Mery's defense, and therefore, the trial court erred in refusing to instruct the jury specifically on this subject.

The evidence at trial showed that Mery and the prosecutrix...

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