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HUSSEN v. COM.

Record No. 980940.

511 S.E.2d 106 (1999)

257 Va. 93

Leban A. HUSSEN v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 8, 1999.

Attorney(s) appearing for the Case

David B. Hargett (Joseph D. Morrissey; Morrissey, Hershner & Jacobs, on brief), Richmond, for appellant.

John H. McLees, Jr., Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN and KINSER, JJ., and POFF, Senior Justice.

HASSELL, Justice.

In this appeal, we consider whether an expert witness' testimony improperly invaded the province of the jury.

Leban A. Hussen was convicted by a jury in the Circuit Court of Fairfax County of the rape and forcible sodomy of Donyala G. Hucaby and sentenced to serve 15 years in the penitentiary. The circuit court confirmed the verdicts, and the Court of Appeals denied the defendant's petition for appeal. The defendant filed a habeas corpus...

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