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HORTON v. COM.

Record Nos. 971645, 971576.

499 S.E.2d 258 (1998)

255 Va. 606

Thomas E. HORTON, Sr. v. COMMONWEALTH of Virginia. George R. NEWBY, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 17, 1998.

Attorney(s) appearing for the Case

James M. Dungan, Staunton, for appellant in Record No. 971645.

Kathleen B. Martin, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee in Record No. 971645.

John B. Boatwright, III (Boatwright & Linka, on brief), Richmond, for appellant in Record No. 971576.

Richard B. Smith, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee in Record No. 971576.

Present: All the Justices.

KINSER, Justice.

In these cases, we decide whether there is sufficient evidence of penetration to support the defendants' convictions of forcible sodomy by engaging in cunnilingus in violation of Code § 18.2-67.1. Because the evidence in each case proves that the respective defendant penetrated the outer portion of his victim's genitalia, we will affirm the convictions.

I. STANDARD OF REVIEW

The applicable standard of review is as follows:<...

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