LOVE v. COM.

Record No. 1396-92-2.

441 S.E.2d 709 (1994)

Berne Nelson LOVE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 22, 1994.


Attorney(s) appearing for the Case

Craig S. Cooley, Richmond, for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BENTON, KOONTZ and ELDER, JJ.


ELDER, Judge.

Berne Nelson Love appeals from his convictions for the rape, attempted sodomy, forcible sodomy, and aggravated sexual battery of his step-granddaughter. On appeal, he argues that the trial court erred (1) in denying his motion to strike the Commonwealth's evidence on the sodomy charge; (2) in instructing the jury that proof of penetration on the sodomy charge required proof of penetration only of the outer lips of the vagina and not the vagina itself...

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