Johnson v. Commonwealth

Opinion

KOONTZ, C.J.

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…