McBRIDE v. COM.

Record No. 0840-03-4.

605 S.E.2d 773 (2004)

44 Va. App. 526

John David McBRIDE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

December 7, 2004.


Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, for appellant.

John H. McLees, Jr., Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General; Susan L. Parrish, Assistant Attorney General, on brief), for appellee.

Present: BENTON, BUMGARDNER and KELSEY, JJ.


JAMES W. BENTON, JR., Judge.

John David McBride appeals from two jury verdicts convicting him of carnal knowledge of a child by sexual intercourse in violation of Code § 18.2-63 and of carnal knowledge of a child by fellatio in violation of Code § 18.2-63.1 McBride contends the trial judge committed reversible error by omitting an element of the offense when instructing the jury. For the reasons that follow, we affirm both convictions...

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