Morse v. Commonwealth

Opinion

KOONTZ, J.

Michael Lowell Morse (Morse) appeals his conviction by jury for marital sexual assault, Code § 18.2-67.2:1. Morse asserts that (1) the evidence was insufficient to sustain his conviction, (2) the trial court improperly admitted evidence of his prior sexual violence toward his wife, (3) the trial court erred in denying Morse’s tendered instruction defining “intimidation,” and (4) the trial court erred in denying Morse’s tendered instruction on consent. For the following reasons, we reverse Morse’s conviction.

I

FACTUAL BACKGROUND

Morse and Lenora Morse (Mrs. Morse) married on…