McCoy v. Commonwealth

Thurman Robert McCoy, the defendant, was indicted by the grand jury for having carnal knowledge of Peggy Ann Tyree, a female child thirteen years of age. He was also indicted for having carnal knowledge of Brenda Wood, eleven years of age. (Code, § 18.1-44).

By consent of the defendant and the Commonwealth’s Attorney and with the concurrence of the court, the two indictments were consolidated for trial. A jury trial was held. The defendant’s motions to strike the evidence were overruled, although the court submitted the indictment involving Brenda Wood to the jury upon a charge of attempted…