Scott v. Commonwealth

Opinion

DUFF, J.

In this appeal we are called upon to interpret the meaning of the phrase, “give testimony,” as used in Code § 18.2-435. 1 The appellant asserts that the meaning of “testimony” within the .intendment of the statute is restricted to sworn testimony subject to cross-examination in open court. The Commonwealth argues that such a restricted construction is not justified by precedent or logic and does not reflect the legislative intent in enacting Code § 18.2-435. We agree with the Commonwealth’s position and affirm.

On December 17, 1989, Teresa Ann Scott and her minor daughter,…