(Download) "Johnson V. Commonwealth" by Virginia Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Johnson V. Commonwealth
- Author : Virginia Court of Appeals
- Release Date : January 16, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Tommy Johnson, appellant, was convicted in a bench trial in the Circuit Court of the City of Lynchburg of aggravated sexual battery pursuant to the provisions of Code § 18.2-67.3. On appeal, Johnson raises the following issues: (1) whether as a matter of law the complaining witness' testimony was inherently incredible, and (2) whether the Commonwealth's evidence was sufficient to prove that the act in question was accomplished against the will of the complaining witness by force, threat or intimidation. We conclude that the second issue is dispositive and, accordingly, we do not address the first issue. We hold that the Commonwealth failed to prove force, an essential element of the crime charged, and reverse Johnson's conviction.
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