Legal Opinion

Clifton v. Commonwealth

Court of Appeals of Virginia

Decided March 26, 1996No. 0103953PublishedCited by 15 opinions

1Opinion of the Court

WILLIS, Judge.

On appeal from his convictions in a jury trial of breaking and entering with intent to commit rape and of rape, Roger Talley Clifton contends (1) that the evidence is insufficient to support his convictions, and (2) that the trial court erred by refusing to give a jury instruction addressing his perception that the victim consented. We find no error and affirm the judgment of the trial court.

On appeal, we view the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. Higginbotham v. Commonwealth, 216 Va.…

2Cases cited5 opinions

  1. Higginbotham v. CommonwealthSupreme Court of Virginia · 1975
  2. Traverso v. CommonwealthCourt of Appeals of Virginia · 1988
  3. Bailey v. CommonwealthSupreme Court of Virginia · 1886
  4. Carter v. CommonwealthCourt of Appeals of Virginia · 1993
  5. Myers v. CommonwealthCourt of Appeals of Virginia · 1991

3Cited by15 opinions

  1. Moody v. CommonwealthCourt of Appeals of Virginia · 1998
  2. Commonwealth v. MinorSupreme Court of Virginia · 2004
  3. Rasmussen v. CommonwealthCourt of Appeals of Virginia · 1999
  4. Gonzales v. CommonwealthCourt of Appeals of Virginia · 2005
  5. Siquina v. CommonwealthCourt of Appeals of Virginia · 1998

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