Leybourne v. Commonwealth

Robert Bruce Leybourne was tried by a jury upon an indictment charging him with taking indecent liberties with a child. Code § 18.2-370. He was found guilty of contributing to the delinquency of a minor and sentenced to serve twelve months in jail. In this appeal, Leybourne contends that the trial court improperly admitted hearsay evidence and evidence that he had previously committed a homosexual act.

Mrs. Cornelia Rigg and her four children resided in the same Prince William County neighborhood as Leybourne and his family. On November 9, 1979, at approximately 2 p.m., Leybourne telephoned…