McFadden v. Commonwealth

Opinion

HODGES, J.

Marion McFadden appeals her conviction in the Circuit Court of the City of Norfolk for attempted oral sodomy. Prior to that conviction she was found guilty by the General District Court of the City of Norfolk of prostitution, and claims that her right to be free from being twice placed in jeopardy for the same crime was violated. She was convicted of prostitution under Norfolk City Ordinance § 29-23 1 while her subsequent conviction was based upon Code §§ 18.2-361 2 and 18.2-26 3 . Both parties agree that the two convictions were based on a single incident.

The only witness…