Public-domain · open source
OpenJurist

212 Va. 415

Newton v. Commonwealth

Supreme Court of Virginia

Decided November 29, 1971

Supreme Court of Virginia · decided 1971-11-29

Decided 1971-11-29

Per Curiam.

¶1The defendant, Franklin Scott Newton, waived a jury trial and was convicted by the trial court of statutory rape and incest.

¶2Viewing 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.

¶3Therefore, we reverse the convictions and remand for new trials if the Commonwealth be so advised.

¶4Reversed and remanded.

/212/va/415 · .json · Public domain