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SABOL v. COM.

Record No. 2204-00-1.

553 S.E.2d 533 (2001)

37 Va. App. 9

Walt SABOL, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

October 16, 2001.

Attorney(s) appearing for the Case

Timothy Wade Roof, Norfolk, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: Judges BRAY, FRANK and HUMPHREYS.

Opinion by Judge ROBERT P. FRANK.

Walt Sabol, Jr., (appellant) was convicted by a jury of two counts of rape, in violation of Code § 18.2-61. On appeal, he contends the trial court erred in denying his motion to strike because (1) the Commonwealth failed to prove that the sexual act was accomplished against the victim's will by force, threat or intimidation and (2) the Commonwealth failed to prove the specific date and time of the offenses. For the reasons stated...

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