Cross v. Commonwealth

This writ of error brings under review the second trial of Robert O. Cross, on an indictment charging him with raping Patricia Nelson, a six-year-old girl. This Court, on review of the first trial, reversed the judgment, set aside the verdict fixing defendant’s punishment at fife imprisonment, on the ground that the evidence was insufficient to sustain the conviction, and remanded the case for a new trial “if the Commonwealth be so advised.” 192 Va. 249, 64 S. E. (2d) 727. The Commonwealth elected to pursue the prosecution, and put defendant upon a second trial that resulted in a judgment of…