Breeding v. Commonwealth

Defendant, John Purnell Breeding, was charged in two indictments with exposing his genital parts “with lascivious intent” to two children under the age of fourteen years, in violation of § 18.1-214, Code of 1950, as amended. He was tried by the court without a jury and sentenced to three years in the State Penitentiary on each indictment, with the sentences to run concurrently. We granted writs of error to the judgments.

The evidence shows that on the afternoon of June 24, 1970, two girls, 8 and 10 years old, respectively, were playing on Arbutus Circle in the City of Chesapeake. A car driven…