Martin v. Commonwealth

Opinion

BAKER, J.

Michael Eugene Martin (appellant) appeals a judgment of the Circuit Court of the City of Chesapeake (trial court) convicting him of violating Code § 18.2-67.1 (forcible sodomy). Appellant raises two issues on appeal: (1) whether the trial court erred in admitting an extrajudicial statement by the victim under the excited utterance exception to the hearsay rule; and (2) whether the evidence was sufficient to sustain the conviction.

The evidence disclosed that on June 15, 1985, Michael H., age 13, baby-sat his sister’s children, C, a 23 month old girl, and her 3 year old brother.…