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WELCH v. COM.

Record No. 051563.

628 S.E.2d 340 (2006)

271 Va. 558

James Robert WELCH, Jr. v. COMMONWEALTH OF VIRGINIA.

Supreme Court of Virginia.

April 21, 2006.

Attorney(s) appearing for the Case

Peter L. Boatner, Senior Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Leah A. Darron, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, S.J.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the Commonwealth's evidence of a "sexual relationship" between James R. Welch, Jr. and a 14-year-old girl is sufficient to support his conviction under Code § 18.2-63 for carnal knowledge of a child. For the reasons stated below, we will reverse the judgment of the Court of Appeals of Virginia.

I. Facts and Proceedings Below

At trial, the Commonwealth's evidence established...

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