Whittington v. Commonwealth

Opinion

BARROW, J.

In this appeal of a rape conviction Whittington argues that the trial court erred in denying his motion for a new trial based upon after-discovered evidence. We agree, concluding that the trial court abused its discretion in denying Whittington’s motion for a new trial. Accordingly, we vacate the judgment, and *214remand the proceeding to the trial court for a new trial.

The victim, a twenty-one year old Army private stationed at Fort Lee, Virginia, testified that she went to a recruiting station in Petersburg, along with a male friend, in search of the U.S.O. Whittington, an army…