Elkins v. Commonwealth

Epes and Hudgins, JJ.,

concurring:

We concur in the opinion of the court; but that our position may not be misunderstood, we feel that we should make this observation.

We are of opinion that upon principle in a case such as this evidence of the prior unchastity of the female should be admitted upon the question of the punishment which should he inflicted upon the accused, if guilty; and in concurring in the opinion of the court we wish to make it plain that we are not to be understood as having expressed a contrary view.

In the case of Bibbs v. Commonwealth, 129 Va. 768, 106 S. E. 363, the…