HOWARD v. COM.

Record No. 2529-93-1.

465 S.E.2d 142 (1995)

21 Va. App. 473

Bennie James HOWARD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

December 29, 1995.


Attorney(s) appearing for the Case

Duncan R. St. Clair, III; Charles A. Johnson, Norfolk (St. Clair & Johnson, P.C., on briefs), for appellant.

Marla Graff Decker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: ELDER, BRAY and ANNUNZIATA, JJ.


ELDER, Judge.

Bennie James Howard (appellant) appeals his conviction for rape in violation of Code § 18.2-61. Appellant contends: (1) the trial court erred in failing to grant his motion to strike, which he made at the end of the Commonwealth's case-in-chief; (2) insufficient evidence supported his rape conviction; and (3) the trial court erred in failing to grant his motion for a new trial based on after-discovered evidence. Because insufficient credible evidence...

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