CARPENTER v. COM.

Record No. 1376-06-2.

654 S.E.2d 345 (2007)

51 Va. App. 84

John Welford CARPENTER, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 27, 2007.


Attorney(s) appearing for the Case

(Michael T. Hemenway, on brief), Charlottesville, for appellant. Appellant submitting on brief.

Karri B. Atwood, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: CLEMENTS, HALEY and BEALES, JJ.


JAMES W. HALEY, JR., Judge.

John Welford Carpenter, Jr. ("appellant") appeals his convictions for rape and forcible sodomy. He appeals two decisions of the trial court. At his trial, the prosecution introduced into evidence testimony of appellant's spouse and a tape recording of a conversation between appellant and his spouse. There is no dispute that the admission of both pieces of evidence violated the provisions of the evidentiary privilege preventing the disclosure...

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