Supreme Court of Virginia, 1971

Newton v. Commonwealth

Newton v. Commonwealth
Supreme Court of Virginia · Decided November 29, 1971
212 Va. 415; 184 S.E.2d 808; 1971 Va. LEXIS 363

Newton v. Commonwealth

Opinion of the Court

Per Curiam.

The defendant, Franklin Scott Newton, waived a jury trial and was convicted by the trial court of statutory rape and incest.

Viewing the evidence in the light most favorable to the Commonwealth, we find it insufficient to establish penetration, an essential 'element of each of these offenses.

Therefore, we reverse the convictions and remand for new trials if the Commonwealth be so advised.

Reversed and remanded.

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