BROWN v. COM.

Record No. 0753-95-2.

475 S.E.2d 836 (1996)

23 Va. App. 225

Floyd Keith BROWN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

Rehearing En Banc Granted November 6, 1996.


Attorney(s) appearing for the Case

Leon F. Szeptycki, Charlottesville (Bruce M. Steen; Charles R. Haugh; Lair Dayton Haugh; McGuire, Woods, Battle & Boothe, L.L.P.; Haugh & Haugh, P.C., on briefs), for appellant.

Eugene Murphy, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BENTON, COLEMAN and OVERTON, JJ.


BENTON, Judge.

A jury convicted Keith Floyd Brown of statutory burglary, rape, and two counts of forcible sodomy. Brown contends that the trial judge erred in ruling that two statements offered by the defense were hearsay and prohibiting their introduction at trial. We agree that the statements were not hearsay. Because the errors were not harmless, we reverse the convictions and remand for a new trial.

I.

The complainant testified at trial that...

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