Love v. Commonwealth

Opinion

ELDER, J.

Berne Nelson Love appeals from his convictions for the rape, attempted sodomy, forcible sodomy, and aggravated sexual battery of his step-granddaughter. On appeal, he argues that the trial court erred (1) in denying his motion to strike the Commonwealth’s evidence on the sodomy charge; (2) in instructing the jury that proof of penetration on the sodomy charge required proof of penetration only of the outer lips of the vagina and not the vagina itself; and (3) in concluding that the evidence was sufficient to support all of his convictions. For the reasons that follow, we…