McMANUS v. COM.

Record No. 1755-91-2.

429 S.E.2d 475 (1993)

Michael J. McMANUS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

April 27, 1993.


Attorney(s) appearing for the Case

John W. Wright, Jr., Richmond (Downs & Wright, on brief), for appellant.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, MOON and ELDER, JJ.


BARROW, Judge.

This appeal is from convictions of rape and aggravated sexual battery of a child under the age of thirteen. It involves application of the rule permitting the admission of evidence of an out-of-court complaint by an alleged rape victim even though the victim has not testified. We hold that such a complaint is admissible even if the victim does not testify because the complaint corroborates, not the testimony of the victim, but the occurrence of the...

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