WHITE v. COM.

Record No. 1181-87-2.

388 S.E.2d 645 (1990)

Mack Arthur WHITE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

January 30, 1990.


Attorney(s) appearing for the Case

Michael C. Allen, Chesterfield (Anthony H. Robinson, Robert E. Walker, Jr., Mechanicsville, on brief), for appellant.

Frank S. Ferguson, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BARROW and BENTON, JJ.


BARROW, Judge.

This is an appeal from convictions for rape and sodomy. The defendant contends that the trial court erred in admitting evidence of an attempted rape for which he was not being tried. We hold that the evidence of the attempted rape, although factually similar, did not demonstrate a distinctive methodology justifying its admission. We conclude further that the introduction of that evidence was not harmless beyond a reasonable doubt.

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