Legal Opinion

Mitchell v. Commonwealth

Court of Appeals of Virginia

Decided June 24, 1997No. 0362963PublishedCited by 17 opinions

1Opinion of the Court

WILLIS, Judge.

Stephen Wayne Mitchell was convicted in a bench trial of proposing an act of sodomy to a juvenile in violation of Code § 18.2-870. He contends on appeal that the trial court erred in admitting hearsay testimony concerning the details of the offense. We disagree and affirm the conviction.

I

The victim, a twelve-year-old boy, testified that he met Mitchell, who was fishing along the bank of a creek near a trailer park in which they both resided. Mitchell asked the victim whether he wanted to make five dollars. The victim replied, “no.” The victim then asked how he could earn the…

2Cases cited3 opinions

  1. Blain v. CommonwealthCourt of Appeals of Virginia · 1988
  2. Faison v. HudsonSupreme Court of Virginia · 1992
  3. Morrissey v. CommonwealthCourt of Appeals of Virginia · 1993

3Cited by17 opinions

  1. Breeden v. CommonwealthCourt of Appeals of Virginia · 2004
  2. Jasper v. CommonwealthCourt of Appeals of Virginia · 2007
  3. McLean v. CommonwealthCourt of Appeals of Virginia · 2000
  4. Keith Alexander Mayberry v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016
  5. Gurganus v. CommonwealthCourt of Appeals of Virginia · 1999

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