Kitze v. Commonwealth

The dispositive issue we consider in this appeal is whether the defendant in a criminal case is entitled to have his convictions set aside because of improper closing argument by the Commonwealth’s Attorney.

Jeffrey Theodore Kitze was indicted by a grand jury in Albemarle County for rape and malicious wounding. He was tried before a jury and convicted of both offenses. The jury fixed his punishment at 27 years in the penitentiary for rape and 10 years for malicious wounding. The trial court sentenced him in accordance with the jury’s verdict. The Court of Appeals affirmed the judgment of the…