Hughes v. Commonwealth

I join in the discussion and conclusion in Judge Barrow’s dissenting opinion that the evidence did not prove beyond a reasonable doubt “intent to defile,” a necessary element of the charged offense. Code § 18.2-48. Because I do not believe that the evidence proved beyond a reasonable doubt that Hughes abducted the child, I do not join in the entirety of Judge Barrow’s dissent. For that reason and for the reasons stated in my opinion concur*536ring in and dissenting from the opinion of the panel that first considered this appeal, see Hughes v. Commonwealth, 16 Va. App. 576, 596-602, 431 S.E.2d…