Sabol v. Commonwealth

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 herein, we affirm in part and reverse in part.

I. BACKGROUND

The victim, L.D., who was thirty-one years old at the time of trial,…