Marshall v. Commonwealth

Opinion

BAKER, J.

Robert Earl Marshall (appellant) appeals from a judgment of the Circuit Court of Richmond (trial court) which approved a July 16, 1985 jury verdict convicting him of rape of a female (victim) under the age of fourteen years. The indictment,1 returned by a grand jury on April 1, 1985, charged that “within the last five and a half years prior to the date of this indictment Robert Earl Marshall did feloniously and unlawfully rape (victim),2 age thirteen.”

Previously, on May 3, 1985, in the City of Richmond, appellant was convicted of rape of this same victim pursuant to an…