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JENKINS v. COM.

Record No. 0371-94-2.

463 S.E.2d 330 (1995)

21 Va. App. 222

James Lloyd JENKINS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

Rehearing En Banc Granted December 20, 1995.

Attorney(s) appearing for the Case

Michael Morchower (Lee W. Kilduff; Morchower, Luxton & Whaley, on brief), Richmond, for appellant.

Eugene Murphy, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: MOON, C.J., and BENTON and ELDER, JJ.

BENTON, Judge.

James Lloyd Jenkins was convicted in a jury trial of aggravated sexual battery. Code § 18.2-67.3. On appeal, he contends (1) that his constitutional right to a fair and impartial trial was violated because of juror misconduct; (2) that the trial judge erred in allowing expert testimony on an ultimate fact at issue in the case; (3) that the trial judge erred in allowing the expert witness to testify to...

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