Jewell v. Commonwealth

Opinion

BARROW, J.

In this appeal, the defendant, convicted of proposing a sexual act to a minor in violation of Code § 18.2-370, contends that the Commonwealth failed to prove that he was over the age of eighteen. We conclude that the defendant’s physical appearance was sufficient evidence that he was over eighteen years of age. However, since the trial court did not rely on the defendant’s physical appearance but instead relied on documents which were not evidence, we must reverse and remand the proceeding for a new trial. The defendant also argues that the evidence was insufficient to prove…