PEPOON v. COMMONWEALTH


66 S.E.2d 854 (1951)

192 Va. 804

PEPOON v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

October 8, 1951.


Attorney(s) appearing for the Case

Gorin F. Hatchett, Hampton, for plaintiff in error.

Atty. Gen. J. Lindsay Almond, Jr., Asst. Atty. Gen. Thomas M. Miller, for the Commonwealth.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, SMITH and WHITTLE, JJ.


SMITH, Justice.

The question of proof of the corpus delicti is the crux of this case arising out of the alleged commission of the crime of sodomy per os by the accused, Philip W. Pepoon, on the person of Timothy Brown, a three-year-old boy. The court heard the evidence, without the intervention of a jury, found the accused guilty as charged, and sentenced him to eighteen months in the penitentiary.

The Commonwealth called four witnesses—...

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